53204 (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: #53204

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 went to a house on [ ] to retrieve a ring which had been handed over to others in exchange for cannabis for his father, when a verbal altercation ensued, following which he attacked the door of the house and he in turn was assaulted with [ ]. The Applicant claims that as a result of this attack he lost consciousness and suffered injuries to his skull, forehead, arm, and hand, as well as swelling and bruising to his hand, thighs, and legs, and that his right shoulder required [ ] stitches. The Applicant claims that he attended the A & E Department at [ ] Hospital and GP [ ] for treatment for his injuries. The Applicant claims that he continues to suffer from intermittent headaches and that he [ ] hand gets sore in cold weather.

The Applicant reported the incident himself to the Gardaí a [ ] Garda Station and the Applicant’s legal advisors confirmed to the Tribunal in correspondence dated [ ], that Applicant’s assailant had been convicted of assault.

This application was received by the Tribunal on [ ]. The Tribunal acknowledged receipt of this application on [ ] and requested that the Applicant send it further details and any receipts for expenses he was claiming. The Applicant’s legal advisors confirmed to the Tribunal that the Applicant had no loss of earnings nor medical expenses claim. The Tribunal wrote to the Applicant’s legal advisors on [ ] and informed them that no claim for compensation could be made for pain and suffering after 1 April 1986 under the terms of the Scheme.

As the Tribunal did not hear from the Applicant or his legal advisors after that, the Tribunal wrote most recently to the Applicant in [ ] and enquired as to whether he wished to pursue a claim, and if so, to inform the Tribunal as such by [ ]. No response was received by the Tribunal.

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