Foilsiú
53199 (14 June 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: 53199
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, received by the Tribunal on the [ ], under the original Scheme, it was stated that the Applicant was attacked in the house where he resided, following a party. The assailant attacked the Applicant with a broken bottle to the head and face. The Applicant received 22 stitches as a result.
3. There is a Garda Report on file dated the [ ]. This states that the perpetrator of the attack was convicted to [ ] years in prison. No compensation was paid.
4. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
5. The Applicant claims to have been the victim of crime on the [ ].
6. In circumstances where the Applicant reported the incident to the Gardaí and where an individual was arrested and convicted of the assault, the Tribunal finds that the Applicant was the victim of a crime of violence.
7. The Applicant is claiming compensation for clothes that he was wearing at the time of the attack. He has not provided any details of out-of-pocket expenses for these clothes. Even if he had, the Tribunal notes that the scheme does not cover loss incurred relating to property. The only other receipt which the Applicant has submitted is a receipt in the sum of €150, which appears to have been defrayed for a medical report for PIAB and not for the Criminal Injuries Tribunal.
8. The Tribunal wrote to the Applicant on the [ ], seeking information which had already been requested by the Tribunal by way of letter on the [ ]. The letter of the [ ], sought original receipts in respect of payments as a result of injuries, for instance doctor’s receipts, dental receipts, prescription receipts.
9. On the [ ], the Applicant wrote to the Tribunal and said that he did not have any medical receipts as he had a medical card at the time. The only receipt he had was €150 in relation to a medical report (which appears to be for PIAB, according to the letter accompanying the receipt).
10. The Tribunal wrote again to the Applicant on the [ ], seeking documentation in relation to evidence of loss of earnings. The letter states that the scheme does not cover loss of property. The letter also seeks further information form the Applicant in relation to details of his course prior to the incident.
11. An email was sent to the Applicant on the [ ], asking if there was any further vouching to be sent in. A reply from the Applicant was received on the same date stating that he wanted the application to go ahead with the documents already sent in.
12. The Applicant has failed to provide the Tribunal with any vouched expenses which occurred as a result of the crime, apart from a receipt for €150 which appears to be for a medical report for PIAB, as opposed to a report for the Criminal Injuries 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, unfortunately, not provided any reasonable assistance to the Tribunal in terms of submitting vouching information in relation to out-of-pocket expenses for loss of earnings or other medical, dental or prescriptions. The receipt for €150 is said to be for a PIAB medical report, and not a medical report for the Criminal Injuries Tribunal. In the circumstances, while the Tribunal accepts that the Applicant suffered a very serious assault, unfortunately no compensation is allowable in this case due to the absence of any vouched receipts.
15. Based on the absence of any vouched out-of-pocket vouching, the Tribunal cannot award compensation in this case.
Majella Twomey
Criminal Injuries Compensation Tribunal
14 June 2022