Foilsiú
50945 (27 May 2022)
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Criminal Injuries Compensation Scheme
Foilsithe
An t-eolas is déanaí
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
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: 50945
Date of incident: [ ] [ ]
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 [ ], when four males came into his residence and assaulted him with baseball bats and iron bars.
3. There is a Garda Report, on file, dated the [ ]. The report states that the incident was not witnessed by Gardaí but the Applicant was assaulted by four males , who also stole a number of items from his house. The report states that the Applicant suffered a broken leg, broken nose, broken fingers and had to get 26 stitches. The Applicant has no previous conviction and a file had been prepared for the DPP. No compensation had been paid to the Applicant.
4. There is no medical report on file.
5. The Appellant submitted an undated letter from [ ], stating that the Applicant had been absent from employment from the [ ] to the [ ]. The letter states that the estimated loss of earnings is €10,060.81. The Appellant also submitted a medical receipt and pharmacy receipts.
6. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
7. The Applicant claims to have been the victim of crime on the [ ].
8. In circumstances where the Applicant reported the incident to the Gardaí and where a number of individuals were identified to be prosecuted in this respect, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime. It is also noted that the Applicant had to be treated in hospital following the attack.
9. The Applicant submitted a letter from his employers stating that the estimated loss of earnings was €10,060.81. He also submitted a medical receipt for €55, and two pharmacy receipts for €40 and €7.95.
10. The Tribunal wrote to the applicant on the [ ], seeking further information as to the full extent of his claim. The Applicant did not respond to this letter.
11. The Tribunal wrote again to the applicant on the [ ], stating that no response had been received from previous correspondence and requested him to contact the Tribunal by the [ ], to indicate if he intended on proceeding with his application. There is no evidence to suggest that the Applicant responded to this letter either.
12. The Applicant, in his application stated that he applied for disability benefit, yet he has also submitted a letter from his employers in relation to ‘estimated’ loss of earnings. The Tribunal has no evidence before it as to what, if any, disability benefit, the Applicant received and the Applicant has not engaged with the Tribunal in relation to the full extent of his claim, despite requests from the Tribunal.
13. 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’.
14. 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. There is no clear evidence regarding the sum of money, if any, which the Applicant received in disability benefit. In circumstances where the Applicant has failed to engage with the Tribunal, the Tribunal finds that it has not provided reasonable assistance to it, and therefore, the claim must fail.
15. Based on the absence of clear vouched expenses and information requested by the Tribunal, the Tribunal finds that the Applicant’s claim fails.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022