51982 (21 October 2022)

Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of one member of the Tribunal pursuant to section 25 of the Scheme

Applicant: [ ]

Date of incident: [ ]

Date of application: [ ]

Case reference: 51982

Decision: Pursuant to Paragraph 11 of the Scheme in place at the time of the applicant’s application, no award of compensation will be made.

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

2. The application form was signed by the applicant on [ ] and sent to the Tribunal under cover of letter from the applicant’s legal representative and stamped as received by the Tribunal on [ ].

3. In his application, the applicant stated that he was injured on [ ] at [ ] by [ ]. The applicant suffered injury to his eye, and attended the [ ] Hospital, [ ]. The applicant was an in-patient from [ ] to [ ] and thereafter received treatment from his own GP. At the time of his application, the applicant was awaiting an operation to [ ]. The applicant was absent from work from the date of the incident to the date of his application. The applicant claims compensation for loss of earnings, as well as transport costs and other medical costs.

4. The applicant did not submit any receipts or other vouching documentation with respect to his out-of-pocket expenses arising from this incident.

5. The applicant submitted copies of his P60 for [ ], [ ] and [ ].

6. The Tribunal has had the benefit of the statement made by the applicant to An Garda Siochana at [ ] Garda Station on [ ]. In his statement, the applicant stated that he had gone to the premises of [ ] with whom the applicant had worked. At the time, the applicant was owed money by [ ] for work he had done to [ ] premises. The applicant asked when he was likely to be paid for work he had done to [ ] premises. The applicant told [ ] that, if the money was not paid, then the applicant would have to [ ] which the applicant had [ ].

7. The applicant stated that [ ] threw a punch at the applicant, connecting with his eye. A scuffle ensued, and the applicant was kicked to the ground. The applicant was further kicked by [ ]. The applicant suffered injury to his eye.

8. The Tribunal has also had the benefit of a statement given by [ ], the son of the applicant, to An Garda Siochana which confirms that the circumstances of the altercation and that the applicant was hit in the eye by [ ], causing his injury.

9. In the cover letter to the Tribunal enclosing the applicant’s application form, his legal representative stated that, at the time of the application, the applicant did not have final receipts to furnish in respect of his medical treatment, as same is ongoing with recent surgery for the removal of his eye.

10. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.

11. No response to this letter is on file.

12. The following documents were furnished to the Tribunal Member for determination:

a. Completed application form under cover of letter from the applicant’s legal representative marked as received by the Tribunal on [ ];

b. Copy of Garda Statements made by the applicant and [ ];

c. P60s of the applicant for the years [ ], [ ] and [ ];

d. Acknowledgement letter from Secretariat of the Tribunal to the applicant;

e. Letter from Secretariat of the Tribunal dated [ ] to the applicant asking the applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.

13. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.

14. Paragraph 11 of the Scheme in place at the time of the applicant’s application reads: “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.”

15. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourages applicants to give the Tribunal reasonable assistance.

16. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.

17. In this case the applicant has not submitted any receipts for expenses arising as a result of his injury or any other vouching documentation. In the letter to the Tribunal enclosing the applicant’s application, his legal representative stated that the applicant was not in a position to furnish final medical expense reports as the applicant was receiving ongoing treatment. However, the applicant has not yet submitted any medical expenses.

18. While the applicant submitted copies of his P60 for the years preceding the incident in question, the Tribunal has not received any further details of the applicant’s loss of earnings or particulars of the impact of the incident on the applicant’s ability to return to work. There is no information before the Tribunal to determine any social welfare benefits which the applicant received as a result of his injury.

19. It is observed that without these receipts and other vouching documentation, there is no information upon which the Tribunal can base an assessment of compensation. The documents in question are integral to the formation of any determination.

20. The Tribunal requested the documents twice, once following receipt of his application in [ ] and thereafter in [ ]. No response to these communications has been received. The incident occurred in [ ] and there has been no communication from the applicant since the submission of his application form.

21. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal. As a result, applying Paragraph 11 of the Scheme, no compensation is payable to the Applicant.

Peter Stafford BL

Member, Criminal Injuries Compensation Tribunal

21 October 2022