53173 (29 March 2023)

The Criminal Injuries Compensation Tribunal

In the matter of an application under the Scheme (1) of Compensation for Personal Injuries Criminally Inflicted

Decision of a Single Member

(1) The Scheme in being at the time of the application.

Name of applicant: [ ]

Application number: #53173

Date of incident: [ ]

Date of receipt of application: [ ]

Decision outcome: No award

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

The Applicant’s claim is that he was assaulted on [ ] on the night of [ ] when out with friends: that when he went to the defence of one of his friends who was being attacked, he himself was punched, resulting in multiple fractures to his jaw, as well as loss of teeth and nerve damage. In addition to these injuries the Applicant claims that he also suffered disturbed sleep in the aftermath of the assault. The Applicant reported the incident to the Gardaí at [ ] Garda Station on the night of the incident.

The Applicant claims that he attended the [ ] as well as his GP Dr [ ] for treatment for his injuries. At the time of submitting his application to the Tribunal the Applicant was waiting for an appointment for dental treatment.

An application, submitted on the Applicant’s behalf by [ ] Solicitor, was received by the Tribunal on [ ]. In response correspondence dated [ ], the Tribunal acknowledged receipt of this application and also set out the information it required from the Applicant in order to process and to consider his claim. No response was received to this request.

Most recently on [ ] the Tribunal wrote to the Applicant and enquired as to whether he was still interested in pursuing his claim, and if so, to inform the Tribunal as such by [ ]. No response was received from the Applicant.

Paragraph 11 of the Scheme states:

“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.”

Also, pursuant to paragraph 26 of the Scheme, it is for an applicant to establish their claim.

In the opinion of the Tribunal the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, as required by paragraph 11 of the Scheme. In consequence, the Applicant has not established his claim, as required pursuant to paragraph 26 of the Scheme. Accordingly, no compensation can be paid, and no further consideration of this application is required.

No award

Nora Pat Stewart

29 March 2023