Foilsiú
51989 (13 October 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: 51989
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. The applicant attended a [ ] birthday celebration in a local bar [ ]. A row, not involving the applicant, broke out. The applicant and his friends left the bar and walked up the road. As a result of the row two males followed the applicant’s group up the road and set upon them with a hurley and a baseball bat. All three males in the group were hospitalized. The applicant sustained injuries to his face and had [ ].
2. The matter was reported to the gardaí and criminal proceedings were instituted.
3. On [ ] the tribunal wrote to the applicant and acknowledged receipt of the application.
4. On [ ] the tribunal wrote to the applicant requesting details as to loss of earnings and out of pocket expenses. The tribunal also requested a medical report in relation to the applicant’s injuries and enquired as to the status of his treatment and recovery. The tribunal did not receive a response to this letter.
5. On [ ] the tribunal wrote to the applicant and enclosed a copy of the letter dated [ ]. The tribunal explained that answers to the questions asked in the letter dated [ ] would be required. The tribunal also enclosed records of the applicant’s employment history which were received from the Department of Social Protection.
6. On [ ] the tribunal wrote to the applicant and referred to recent telephone calls and emails. The tribunal enclosed a copy of the file for the applicant’s convenience. The tribunal stated that the Scheme covers out of pocket expenses directly attributable to a crime of violence and that payment for pain and suffering is prohibited. The tribunal stated that all expenses claimed must be supported with documentary evidence and concluded by stating that details of the applicant’s losses were awaited. The tribunal did not receive a response to this letter.
7. On [ ] the tribunal wrote to the applicant and asked if he wished to pursue his claim. The tribunal did not receive a response.
8. Paragraph 11 of the Scheme provides 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.”
9. It is clear from the garda report that the applicant in this matter was the victim of a terrible assault.
10. The tribunal has written to the applicant requesting certain information and unfortunately that information has not been provided. I am therefore of the opinion that all reasonable assistance has not been provided to the tribunal. It is for the applicant to establish his case and in the absence of the necessary documentation this has not been done. I make no award.
Signed: Elizabeth Davey
Date: 13 October 2022