51854 (11 November 2022)

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: #51854

Date of incident: [ ]

Date of application: [ ] (received by the Tribunal on [ ])

Decision outcome: Application refused under paragraph 11 of the Scheme.

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

2. In his application for compensation under the Scheme, the applicant stated that he had suffered injuries at the [ ], as a result of being the victim of an assault. The applicant stated that he had sustained a broken cheekbone and a fractured eye socket. He further stated that he received in-patient and out-patient treatment at the [ ] Hospital, [ ] for his injuries.

3. A report from An Garda Síochána, dated [ ], was on file. The report described how the applicant was at a concert at the [ ], when he was struck to the face by a male. The applicant was noted to have been highly intoxicated on the date in question and was unable to give Gardaí a description of his attacker.

4. The Tribunal entered into correspondence with the applicant’s solicitors following receipt of the application for compensation. On [ ], the Tribunal, referring to previous correspondence dated [ ], asked the applicant’s solicitors to confirm in writing if the applicant wished to continue to pursue his application to the Tribunal and provide all necessary vouching documentation in support of his claim.

5. There had been no response to that correspondence from either the applicant or his solicitors.

6. Paragraph 21 of the Scheme provides as follows:

‘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…’

7. Thus, to comply with the time limit set out in paragraph 21, the application would have needed to have been lodged with the Tribunal no later than by [ ]. In the event, the application was received by the Tribunal on [ ]. The Tribunal admitted the application for consideration under the Scheme.

8. The Tribunal was satisfied, on the evidence presented, that the applicant had sustained personal injury as the result of the subject incident which was directly attributable to a crime of violence.

9. Paragraph 11 of the Scheme provides, ‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’

10. The application form, signed by the applicant, confirmed his acceptance, under Part 8(e) of the application form, that he would provide all reasonable assistance to the Tribunal in the progression of his claim under the Scheme.

11. Having reviewed the correspondence, the Tribunal is satisfied, on the basis of the above, that the applicant has failed to comply with the duty imposed upon him pursuant to paragraph 11 of the Scheme and that, as a result, no compensation can be paid in respect of this application.

18. N/A.

19. Nil. Application refused under paragraph 11 of the Scheme.

Conor Heaney

Chairperson, Criminal Injuries Compensation Tribunal

11 November 2022