Foilsiú
51897 (29 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: 51897
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
The Applicant’s claim is that he was assaulted at [ ] on [ ] by unknown persons. The Applicant, a part time [ ], claims that when he was attacked his assailant had pulled a knife on him and that he received a number of lacerations before he, the Applicant could bring his assailant to the ground. The Applicant recounted that as his assailant pushed the knife towards his left eye, he, the Applicant, managed to snap the blade off the knife with his thumb and finger, and in the process a cut he had received opened and soaked his assailant in blood. The Applicant threw the assailant’s knife away and left the scene.
The Applicant claims that he received treatment for his injuries from [ ] at the [ ] Hospital, [ ], and Dr [ ] of [ ].
This application was received by the Tribunal on [ ].
As a result of this assault the Applicant claims that he suffered stab/slash wounds to his skull and injuries to his nose, knees, thighs and shoulders and that he had not fully recovered from the attack, in that he had lost the full extent of his fitness and had to rely upon a cane to walk. The Applicant further claims that he was out of pocket for earnings as a result of this attack because he had [ ] provided in the [ ] at [ ] for two terms in [ ], resulting in a loss of €800 in future earnings. A letter from [ ] furnished to the Tribunal confirmed that the Applicant had earned €800 for [ ] the previous year. Civil proceedings were pending, noted the Applicant on his form.
The assault was reported to the Gardaí by the Applicant. In correspondence from the Gardaí at [ ] to the Tribunal, the Gardaí confirmed that a man and a woman were charged with assault causing harm to the Applicant, that the man charged had pled guilty and the matter was in [ ] Circuit Court on the [ ]. The Applicant’s assailant was due to be sentenced on the [ ], reported the Gardaí.
The Tribunal forwarded the Garda Report to the Applicant’s legal advisors [ ] Solicitors, [ ] on [ ], and on [ ] requested that all documentary evidence to support the Applicant’s claim, including his P60, a statement of payments received from the Department of Social Protection, and medical evidence of the injuries sustained and the treatment received by the Applicant be furnished to the Tribunal, in order to assess the Applicant’s claim. No response was received by the Tribunal.
The Tribunal wrote most recently on [ ] to the Applicant’s legal advisors enquiring as to whether the Applicant intended pursuing his claim and if so, to provide the requested documentary evidence to support his claim. The Tribunal noted therein that if no response was forthcoming by [ ], a decision would be made on the Applicant’s file as presented. No response was received from either the Applicant and/or his legal advisors on foot of the Tribunal’s correspondence.
Paragraph 10 (previously paragraph 11 of the Scheme) states that:
“No compensation will be paid 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 or otherwise.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support his claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, pursuant to paragraph 10 of the Scheme no compensation can be paid to the Applicant and no further consideration of this application is required.
No award
*As a decision has been made on the basis of non-cooperation of the Applicant in providing the necessary documentary evidence to support his claim pursuant to paragraph 10 of the Scheme, the Tribunal is of the view that it is not necessary to consider or to make a determination on the matter of the delay in the submission of this application.
Nora Pat Stewart
29 October 2022