Foilsiú
51402 (21 August 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: 51402
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to 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, submitted on the [ ], the Applicant said that on the [ ], he was assaulted in the course of his duties at [ ] Garda Station, when he was restraining a violent prisoner in a prison cell. He said that he suffered injuries to his thumb and right hand as well as his ribs. He said that a file had been sent to the DPP.
3. There is no Garda Report on file, albeit the application states that the incident was reported to [ ] Garda Station on the [ ].
4. The Applicant has submitted vouching for medical, out-of-pocket expenses in the sum of €150.
5. The Applicant stated in his application form that he would also make a claim under the Garda Compensation scheme.
6. The Applicant’s application was brought within the required three-month time frame for bringing applications, under paragraph 21 of the scheme.
7. The Applicant claims to have been the victim of crime of violence on the [ ].
8. It is accepted on the balance of probabilities that he was the victim of a crime of violence, given the fact that he suffered injuries and that a file was sent to the DPP.
9. 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’.
10. The Applicant has not provided the Tribunal with any information in relation to how the matter proceeded when the file was sent to the DPP. Furthermore, no medical reports were submitted in relation to the alleged injuries. The Tribunal also notes that the Applicant has not updated it, in relation to how his application under The Garda Compensation scheme proceeded.
11. A letter was sent to the Applicant’s Solicitors [ ] & Co, seeking further information in relation to out-of-pocket expenses and asking if the Applicant still wished to continue with his claim. No response was received.
12. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of updating it in relation to the matters outlined in paragraph 11 above. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
Majella Twomey
Criminal Injuries Compensation Tribunal
21 August 2022