Foilsiú
51747 (3 January 2023)
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: 51747
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Article 9 of the scheme (previously Article 10).
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. The application for compensation under the Scheme is dated [ ]. The applicant stated that he was attacked on the [ ] at [ ].
3. [ ] the injured party was the victim of an aggravated burglary which occurred at that address at approximately [ ]. He was subjected to a beating [ ]. The incident was particularly frightening as he felt [ ] and he was hit a number of times in the face by a male despite his cooperating. He was [ ]. He was treated by a Doctor at [ ] Garda Station and attended [ ] Hospital on the night of the [ ] to get treatment for the injuries he received on the night of the attack.
4. The Tribunal is satisfied that he was the victim of an assault.
5. He lodged his application form via [ ] Solicitors in [ ] on the [ ]. There is some confusion regarding the date of the incident as An Garda Siochana say it occurred on the [ ] at 12.30. The applicant said it occurred on the [ ]. The Tribunal is prepared to accept the Garda’s view which appears more credible that it actually happened on the [ ]. The Application form was posted on the [ ], which is within the three months’ time limit prescribed under the scheme.
6. The Application form contains no details of out-of-pocket expenses. At the time of the incident the Applicant was in receipt of disability benefit. The Applicant’s Solicitors were written to on the [ ] enquiring to know if their client still wished to pursue his claim and if so seeking documentation including original receipts and vouching documentation in respect of the Applicants out of pocket expenses. A reply was received from the Solicitors on the [ ] stating that a number of attempts had been made to contact the Applicant and documentation had been furnished to him. It appears that he was no longer living at the address that his Solicitor’s had for him in [ ]. He does not appear to have furnished an up-to-date address. On the [ ] a staff member of the Secretariat telephoned the number that the Applicant furnished on the original application form. The tone when rung suggested that the number was no longer in service. There was no answer obviously.
7. Regardless of the fact that neither his Solicitors or the Tribunal have been successful in contacting the Applicant the Applicant is in considerable difficulty in pursuing this application.
8. Article 9 of the scheme (previously Article 10) provides “no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €63.50 should be awarded”. The Applicant has not provided any details in his application form or in any subsequent correspondence of any out-of-pocket expenses. As such the application has not met the requirements of Article 9 of the scheme and accordingly the Application must be dismissed by the Tribunal on those grounds.
The Tribunal directs that notification of this decision be forwarded to the Applicant’s previous Solicitors and to the previous address given by him.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
3 January 2023