52148 (15 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: 52148

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is 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 her application for compensation under the original Scheme, received by the Tribunal on the [ ], the Applicant stated that she suffered an assault at [ ]. She suffered a cut to the [ ] eyebrow, cut to the chin and bruising to both arms, stomach and a swollen ankle.

3. There is a Garda letter on file dated the [ ]. It states the matter was reported to the Gardaí on the [ ]. Garda [ ] was investigating the crime. The report confirms the injuries to the Applicant. The report states that the assault occurred following an argument the Applicant and her boyfriend had with two females at a [ ] in [ ]. The Applicant has no criminal record. The incident was the subject of a Garda investigation, and a file was being submitted for directions. At the time of the report, no one had been charged in relation to the incident.

4. There is no medical report on file nor are there any vouched receipts.

5. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.

6. Paragraph 11 of the original 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’.

7. The Applicant in this case has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of vouched expenses or medical information in relation to her claim.

8. The Tribunal wrote to the Applicant on the [ ], seeking further information and receipts. It also asked whether the criminal proceedings have concluded. There was no response to this letter.

9. There was a further letter on file dated the [ ], asking if the Applicant wished to pursue this matter and seeking further information. The Applicant was asked to respond by the [ ], if she so wished. However, no response has been received.

10. There is no clear evidence regarding the sums of money which the Applicant may have had to expend, nor has she provided reasonable assistance to the Tribunal in relation to its requests. In circumstances where the Applicant has failed to engage with the Tribunal, the Tribunal finds that no compensation is allowable in this case and this case must fail.

11. Based on the absence of clear vouched expenses and information requested by the Tribunal, the Tribunal finds that this case must fail.

Majella Twomey

Criminal Injuries Compensation Tribunal

15 November 2022