Foilsiú
51942 (21 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of incident: [ ]
Date of application: [ ]
Case reference: 51942
Decision: Pursuant to Paragraph 11 of the Scheme in place at the time of the applicant’s application, no award of compensation will be made.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ] and submitted to the Tribunal by the applicant’s legal representative under cover of letter dated [ ].
3. The applicant’s legal representative submitted the applicant’s statement to An Garda Siochana dated [ ], as well as details of the applicant’s employment and copies of receipts for out of pocket expenses.
4. The Tribunal has had the benefit of the statement made by the applicant to An Garda Siochana at [ ] Garda Station on [ ], and a second statement made on [ ]. The applicant stated that on [ ] he and a friend were walking home from having a few drinks in a local pub where they were set upon by unknown men and women one of whom was armed with a knife. The applicant was attacked. The applicant blanked out and woke up in hospital. The applicant had been stabbed in the back, the side and his stomach had been cut open. The applicant had been stabbed in the cheek and lost a tooth. The applicant received treatment in hospital where he was an in-patient for [ ] days.
5. In support of his application, the applicant’s legal representative submitted details of the applicant’s employment as a part time [ ] at [ ]. This information states that the applicant did not qualify for sick leave.
6. The applicant claims compensation for loss of earnings, medical costs and taxi fares.
7. The Tribunal has had the benefit of a Garda Report dated [ ] which states that on the night in question, the applicant was assaulted by [ ] and [ ]. The applicant’s assailants were subsequently arrested and charged with Section 3 Assault and using a knife in the course of a dispute. One assailant received a [ ] year custodial sentence, and the other received a [ ] year sentence with [ ] months suspended provided he keeps the peace and is of good behaviour.
8. On [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative enclosing the Garda Report and seeking documentation to vouch the applicant’s claim for compensation for out-of-pocket expenses and loss of earnings.
9. On [ ], the applicant’s legal representative wrote to the secretariat of the Tribunal stating that they had been informed that the applicant had returned to his native [ ]. The applicant’s legal representative enclosed a Power of Attorney stating that the applicant was now in prison in [ ] and transferred power of attorney to his sister [ ], residing in Ireland, with respect to his application to the Tribunal. The applicant’s legal representative stated that they had no further involvement with the application and future correspondence should be addressed to the applicant’s sister.
10. On [ ], the secretariat of the Tribunal wrote to the applicant’s sister asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. No response to this letter is on file.
12. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
13. Paragraph 11 of the Scheme in place at the time of the applicant’s application 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.”
14. In determining whether a lack of reasonable assistance has been given such that compensation is not payable, consideration must be given to the scope and purpose of Paragraph 11. It effectively cuts applicants off from compensation and is thus a far-reaching provision. Its purpose is to serve as a sanction against those who do not co-operate with the Tribunal – its secondary purpose is to encourages applicants to give the Tribunal reasonable assistance.
15. The Tribunal should not rely on paragraph 11 to deny an applicant the potential for compensation in an irrational or arbitrary way. It seems logical to take into account two main factors: (i) the nature of the information or assistance sought by the Tribunal (and in particular whether its absence prevents a proper decision being made) and (ii) the frequency of requests and time elapsed wherein no adequate response has been received by the Tribunal.
16. In this case the applicant has not submitted any receipts for expenses arising as a result of his injury or any other vouching documentation. It is observed that without further particulars of the applicant’s expenses and loss of earnings and details of any social welfare receipts received as a result of his injuries, there is no information upon which the Tribunal can base an assessment of compensation. The documents in question are integral to the formation of any determination.
17. The Tribunal requested the documents twice, once following receipt of his application in [ ] and thereafter on [ ]. No response to these communications has been received. The incident occurred in [ ] and requests for this information have been made to the applicant’s (then) legal representative and to the applicant’s sister.
18. The Tribunal finds that because of the integral nature of the documentation sought to the decision-making process, and the elapse of time with no communication from the Applicant (despite request), that there has been a failure to give reasonable assistance to the Tribunal. As a result, applying Paragraph 11 of the Scheme, no compensation is payable to the Applicant.
Peter Stafford BL
Member, Criminal Injuries Compensation Tribunal
21 October 2022