52194 (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: 52194

Date of incident: [ ]

Date of application: [ ]

Decision outcome: The application is refused under Paragraph 21 and 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 original Scheme, received by the Tribunal on the [ ], the Applicant stated that he suffered an unprovoked assault at [ ]. He lost the sight in his [ ] eye following the incident.

3. There is a Garda letter on file dated the [ ], stating that two men were convicted to [ ] for the assault, at [ ] Circuit. The report also states that the Applicant was convicted on the [ ] and sentenced to [ ] in relation to a robbery charge. There is a further report from Garda [ ] dated the [ ], stating that the Applicant was [ ] on the date of the incident and, [ ] two males made some remarks to the Applicant in relation to an alleged robbery. An argument ensued and the Applicant received injuries to his eyes.

4. There is no medical report on file. Furthermore, there are no vouched out-of-pocket expenses on file.

5. Paragraph 21 of the 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’.

6. The Applicant’s application was submitted almost five months after the incident. At paragraph 2(f) of his application, he says very depressed and found it difficult to face public and difficult to cope with day- to -day life. However, the Applicant did not submit any medical reports to state that he was unable due to his mental or physical injuries to submit the said application on time.

7. It is accepted that the Applicant was the victim of a serious assault. However, he has not submitted any medical reports to support his claim that he could not submit the Application on time due to the fact that he was depressed. In the absence of any objective documentation in this respect, the Tribunal finds that there is no clear evidence before it such that would justify exceptional treatment to extend time in this case.

8. Further, and in the alternative, Paragraph 11 of the original scheme is relevant. 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’.

9. The Applicant in this case has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of vouched expenses in relation to his claim.

10. The Tribunal wrote to the Applicant’s Solicitor on the on the [ ], seeking further information and receipts including a P60, a Statement from The Department of Social Protection and original receipts. There was no response to this letter.

11. There was a further letter on file dated the [ ], asking if the Applicant wished to pursue this matter and seeking further information in relation to out-of-pocket expenses. The Applicant was asked to respond by the [ ], if he so wished. However, no response has been received.

12. In circumstances where the Applicant has failed to provide reasonable assistance to the Tribunal in respect of the queries raised, the Tribunal finds that no compensation is allowable in this case and this case must fail.

Majella Twomey

Criminal Injuries Compensation Tribunal

15 November 2022