Foilsiú
51235 (28 July 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: 51235
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to paragraph 11.
1. Mr [ ] (‘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 at [ ] nightclub in [ ]. He said that he suffered facial laceration and swelling to the forehead. He was treated in the Accident & Emergency at [ ] County Hospital.
3. There is a Garda Report on file dated the [ ]. It states that the Applicant was struck by a male at the top of a stairs and fell back down. There was no provocation and the two parties did not know each other. The offender was brought before [ ] District Court and he paid the Applicant €3,000 in compensation.
4. The Applicant has not submitted any vouching for out-of-pocket expenses or loss of earnings, apart from a €100 hospital bill.
6. The Applicant’s application was brought within the required three-month timeframe for bringing applications.
7. The Applicant claims to have been the victim of crime of violence on the [ ].
8. It is noted that the Applicant reported the alleged incident to the Gardaí on the night in question. It is accepted on the balance of probabilities that he was the victim of a crime of violence, given the fact that the offender was brought before the Courts and had to pay compensation.
9. The Applicant has failed to provide the Tribunal with any clear evidence of vouched expenses which occurred as a result of the criminal act, except for a €100 hospital bill.
10. A letter was sent to the Applicant’s Solicitor [ ] on the [ ], seeking further information in relation to her injuries and seeking further information in relation to out-of-pocket expenses. No response was received.
11. A further letter was sent to [ ] on the [ ], asking if the Applicant wished to continue his claim and seeking further information in relation to out-of-pocket expenses.
12. 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’.
13. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in relation to out-of-pocket medical expenses or for loss of earnings. There were no medical reports on file to state why the Applicant was hospitalised, for example. Furthermore, no clear evidence was provided in relation to out-of-pocket expenses. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
Majella Twomey
Criminal Injuries Compensation Tribunal
28 July 2022