51689 (17 November 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

Name of applicant: [ ]

Application number: 51689

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award.

1. [ ] (“the applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).

2. On the [ ], the applicant was struck over the head by a bottle by his girlfriend at the time, [ ] (‘the offender’). The offender then pushed the stem of the bottle into the applicant’s face casing a significant laceration. The offender and the applicant had been drinking together in the applicant’s flat before the incident occurred.

3. The incident was reported to the Gardai in [ ]. However, the applicant declined to pursue a formal complaint against the offender. Therefore, no prosecution was possible.

4. The applicant has not provided the Tribunal with any medical reports to outline the full nature, extent and likely duration of his injuries. However, he alleges that he required ten stiches to his face. He also alleges that he will be left with a facial scar.

5. The applicant not put forward or vouched that he sustained any loss of earnings.

6. The applicant has not produced any receipts to prove that he sustained any out of pocket expenses.

7. The application was received by the Tribunal over three months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. The applicant explained the delay by stating that he could not get a copy of his statement from the Gardai. He applied to the Tribunal shortly after he received a copy of his statement from the Gardai.

8. Paragraph 23 of the (pre-April 2021) Scheme states “To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardaí without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them [emphasis added]. The Tribunal notes that the applicant declined to make a formal complaint to the Gardai.

9. No contact has been received by the Tribunal for or on behalf of the applicant since he lodged the original application form, over thirteen years ago. His solicitors recently confirmed that they had no up to date instructions.

10. Paragraph 11 of the (pre-April 2021) Scheme states that “No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance, in relation to any medical report that it may require, and otherwise” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with adequate and sufficient vouchers and documentary proof of any losses claimed, with a view to finalising his claim. The applicant has not provided any evidence that he sustained any provable out of pocket expenses.

11. The applicant has, for reasons not advised to the Tribunal, failed to cooperated with the Gardai and provide a formal statement of complaint. The applicant has also failed to prove his alleged financial losses. The applicant has also failed to progress his claim for the past [ ] years and has therefore failed to offer the Tribunal all reasonable assistance to enable the Tribunal to finalise his claim. For the foregoing reasons, paragraph 11 and 23 of the Scheme will apply. The Tribunal dismisses this application.

David Culleton

Member of the Criminal Injuries Compensation Tribunal

17 November 2023