51863 (28 October 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: #51863

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award, by reason of paragraph 10 of the scheme.

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

The Applicant, [ ], claims that he was assaulted at [ ] Retail Park, [ ] on [ ] and that he had to attend the Emergency Department of [ ] Hospital for treatment for the injuries in sustained in the assault including eight stitches to a laceration he received to his neck. The Applicant claims that he also attended his own GP [ ] for treatment for these injuries.

The assault upon the Applicant was reported to the Gardaí at [ ] Garda Station by the Applicant’s employer immediately following the assault. In a Garda Report, received by the Tribunal on [ ], the Gardaí confirmed that the Applicant had been assaulted by an unknown male who produced a knife and threatened to cut his throat when he refused to hand over his wallet during a robbery. The matter was still under investigation at that point, noted the Gardaí, but the said Report had issued just two months after the incident.

The Tribunal furnished the Garda Report to the Applicant and set out in cover correspondence the documentary evidence it required from him to support his claim for expenses incurred arising from the personal injuries he had suffered in the attack. No claim for expenses had in fact been set out or sought on the Applicant’s application form. The Tribunal received no response.

The Tribunal wrote to the Applicant most recently on [ ] and enclosed a copy of its original letter seeking the documentation it had requested in order to assess the Applicant’s claim. The Tribunal enquired therein as to whether the Applicant wished to pursue his claim and if so, to furnish it with the said documentation. The Tribunal also noted that if a response was not received by [ ] from the Applicant, a decision would be made on the Applicant’s file as presented. No response was received from the Applicant.

Paragraph 10 (previously paragraph 11 of the Scheme) states that:

“No compensation will be paid 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 or otherwise.”

In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to establish his claim.

The Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application pursuant to paragraph 10 of the Scheme. Accordingly, no compensation can be paid and no further consideration of this application is required.

No award

Nora Pat Stewart

28 October 2022