Foilsiú
51233 (6 September 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: 51233
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 10 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 Scheme, signed on [ ] the applicant stated that he had suffered severe facial injuries and internal bleeding after having been assaulted on the [ ].
3. It appears from the Garda Report that the applicant was victim of an unprovoked assault which was reported on the same day (the [ ]). The assault described by the Garda was of a ‘forceful punch to the face’.
4. From the foregoing, I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. He has met the procedural requirements for his application to be admitted for consideration under the Scheme and it is accordingly admitted for further examination.
5. The applicant states that he suffered internal bleedings as a result of the assault and spent 8 days in hospital (between [ ] and [ ]). He claims that he suffered a loss of income during the same time period, and as a result of having to find cover for his work as a publican in the sum of €3,795. It is noted that this hospital stay commenced a week after the date of the index event.
6. The applicant supplied a statement he made to the Gardai, which apparently relates to an incident on [ ]. While this may be a typographical error the error is repeated on numerous occasions. The applicant relates that he was assaulted from behind by a person who hit him. While fear of further punches are set out in this statement no more than one punch is described, and he states that he suffered a heavy nosebleed as a result. This is consistent with the Garda report which states that the applicant received “a very forceful punch to the face” which caused his nose to bleed profusely.
7. The applicant’s own statement goes on to state that he had nosebleeds for the following week. He then states: “On Saturday [ ] at around 8 am I woke when I heard the door of my house closing and I realised that I was bleeding heavily, my pillow was covered in blood…”. It appears that the applicant was bleeding heavily but it is not clear whether this arose as a consequence of the incident of [ ] or by another unconnected incident connected to the door of his house being heard to shut. He says in his statement that his housemate then drove him to [ ] Hospital [ ].
8. The applicant submitted his business accounts for [ ], [ ] and [ ] and a letter from the Revenue Sheriff indicating that he was paying off a debt to them. There is nothing on file showing what the business revenue was for [ ] or [ ], and thus nothing from which a loss of earnings can be calculated.
9. The applicant submitted an undated receipt for a taxi in the sum of €90 for a journey between [ ] and [ ]. Another five taxi receipts are also on file for trips to [ ] and [ ]. Only one, to [ ], is dated [ ]. It is not clear what treatment was required at either [ ] or [ ] and whether it was connected to the events of [ ].
10. The applicant also submitted a receipt in the sum of €675 for inpatient hospital treatment at [ ] Hospital [ ] between [ ] and [ ]. Again, it is unclear why this hospital treatment started a week after the incident in question and indeed whether another intervening incident occurred in the early hours of [ ].
11. Pharmacy receipts are provided. These are in the sum of €2.15 on [ ] for Galfer tablets; and the same sum for the same item on [ ]. A prescription for these tablets from Dr [ ], dated [ ] is also on file. There is no correspondence from any medic setting out what this prescription was for and how it related to the incident subject of the application.
12. A receipt for an operation for a nasal haemorrhage performed on [ ] is on file, in the sum of €403. Again, no medical report contextualises this.
13. A receipt for dental treatment on [ ] in the sum of €68 is also on file. There is no correspondence or document setting out what this treatment was for or how it related to the incident.
14. There are receipts for petrol on file, from [ ], the [ ], and [ ]. In total they amount to €60. There is no context given to these receipts.
15. On [ ] the Tribunal Secretariat wrote to the applicant’s solicitor asking, among other things, whether the applicant’s injuries had settled and requiring, when they had, a medical report indicating the nature of the injuries and whether they were attributable to the crime of violence; the treatment and current prognosis; and other relevant information. It also sought loss of earnings be supported by relevant documents, and it relayed an understanding that some compensation had been paid by the assailant. The letter enquired after this sum. There is no response to this letter on file.
16. Paragraph 10 (formerly para 11) of the Scheme reads:
“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.”
Thus Under Para 10 of the Scheme the applicant must give the Tribunal all reasonable assistance if she or he is to be eligible for compensation under the Scheme. The rationale of this rule appears to be that the Tribunal needs information upon which it can make its decision as to the appropriate amount of compensation to award. That information must come either directly or indirectly from the applicant.
17. In this case there are gaps in the evidence which render it impossible to say with any certainty what injury the applicant sustained on [ ], and what the consequence of that was in terms of injuries, loss of earnings and requirement to travel. Further, it is unclear whether the applicant received compensation from his assailant: any compensation paid must be deducted from an award made by the Tribunal.
18. In the circumstances the Tribunal has insufficient evidence to state with any certainty what the correct award, if any, is due to the applicant under the terms of the Scheme. The applicant was given opportunities to supply information for the Tribunal to assess but did not respond in particular to the letter of [ ].
19. In the circumstances the Tribunal must apply paragraph 10 of the Scheme, as it has not received the reasonable assistance it requires to properly assess the application. No compensation is therefore payable to the applicant.
Tricia Sheehy Skeffington
Member, Criminal Injuries Compensation Tribunal
6 September 2022