Foilsiú
52813 (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: 52813
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. On the [ ], the applicant, while working as a [ ] in the [ ], was assaulted by [ ] (“offender”) while trying to remove him from the premises.
3. The applicant sustained significant [ ] injuries. He also sustained injuries to his [ ] and [ ].
4. The incident was reported by the applicant to [ ] Garda Station. It is unknown if the offender was subsequently prosecuted.
5. The applicant advised the Tribunal that he was contemplating civil proceedings. It is unknown if the applicant actually pursued a civil case or received compensation from any party or entity regarding this incident. If the applicant was successful with his civil proceedings, the Tribunal should have been immediately advised of this, together with immediate confirmation on whether [ ] intended to continue with his claim under the Scheme.
6. No contact has been received by the Tribunal for or on behalf of the applicant since he initially lodged this application on the [ ], over [ ] and a half years ago. The Tribunal wrote to the applicant on the [ ] enquiring whether the applicant wished to advance his application. No response was received by the Tribunal to this correspondence.
7. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers, documentary proof of any losses claimed and all relevant information, to enable the Tribunal to sufficiently conclude the claim.
8. The Tribunal finds that the applicant has failed to provide the Tribunal with all reasonable assistance with a view towards progressing and finalising [ ] claim. In such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal declines to make an award in this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
27 May 2022