52421 (28 May 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: 52421

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 his application for compensation under the original Scheme, dated the [ ] and received by the Tribunal on the [ ], the Applicant stated that he suffered an unprovoked attack following a night out in [ ]. The Applicant said he was punched and kicked in the head. The Applicant said his injuries included broken teeth, a broken nose, a fractured eye socket, a diffused jaw and swollen and bruised ribs. The Applicant had to attend [ ] Hospital [ ].

3. There is a Garda letter on file dated the [ ], stating that the crime was under investigation. There are no further Garda reports on file.

4. There are no medical reports on file. However, there are a number of receipts from the HSE and dentists.

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 information in relation to out of pocket expenses. A letter sent to the Applicant on the [ ], requesting a copy of the Applicant’s P60, a statement of benefits, a statement from the Applicant’s employer and all receipts. No response was received to the letter.

8. A further letter was sent to the Applicant on the [ ], asking the Applicant if he intended pursuing his claim and asking him to advise the Tribunal before the [ ], if he did. Again, not response was received to the letter.

9. In all the circumstances, it cannot be said that the Applicant has provided reasonable assistance to the Tribunal in order to deal with this claim. Consequently, this claim fails under Article 11.

11. Based on the absence of reasonable assistance as requested by the Tribunal, the Tribunal finds that it cannot award compensation in this case.

Majella Twomey

Criminal Injuries Compensation Tribunal

28 May 2022