Foilsiú
51774 (10 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: #51774
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 by a prisoner on [ ] in [ ]. The Applicant himself was serving a sentence at this time. His application to the Tribunal was submitted on his behalf by his legal advisors.
The Applicant claims that on the date in question, having collected his dinner and walking to the [ ] landing, he was hit in an unprovoked attack on the forehead with a jug by another prisoner. The Applicant was taken by an officer on duty to the shower area and cleaned up, following which he was brought first to the [ ] Hospital and then to [ ] Hospital to be seen where he received seven stitches to the area above his eye. The Applicant claims that as a result of this injury he sustained a deep incision above his right eye. At the time of submitting his application, the Applicant complained of numbness around the scar area and that the skin around the scar was very tight.
On [ ] the Tribunal wrote to the Applicant via his legal advisors acknowledging receipt of his application and indicating that a Garda Report would be sought on foot of same. The Garda Report, received by the Tribunal on [ ], recorded that the incident was reported by the Applicant to Chief Officer [ ] on [ ] and that the same day, Chief Officer [ ] informed the Gardaí about the incident. The Gardaí noted that no arrests or charges had been made in the case at that point, however they confirmed that a file had been submitted to the DPP but no directions had been received as of the date they furnished their Report to the Tribunal.
The Gardaí Report confirmed that the Applicant had [ ] previous convictions dating back to [ ] including for assault, criminal damage, trespass with intention to cause fear, possession of knives, and section 3 assault causing harm (NFOAPA 1997) for which the Applicant was serving a [ ] sentence at the time of the incident, the subject matter of the application.
On [ ] the Tribunal wrote to the Applicant’s legal advisors enclosing therein the Garda Report and set out paragraph 14 (now paragraph 13) of the Scheme thereon, and offered the Applicant an opportunity to comment further on same, in light of his prior criminal record.
As no further communication was received from either the Applicant or his legal advisor, the Tribunal wrote most recently, on [ ], enquiring as to whether the Applicant intended to pursue his claim and if so, to furnish the Tribunal with the documentation required to establish his claim. The Tribunal stated that if no reply was received by [ ], that a decision would be sought on the application. No response was received from the Applicant or his representatives in response to this communication.
Paragraph 10 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.
The Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, therefore, pursuant to paragraph 10 of the Scheme, no compensation will be paid and no further consideration of this application is required.
No award
*By reason of the foregoing, the Tribunal is of the view that it is not necessary to consider or to make a determination on other matters that arise, including the delay in submission of this application and/or whether paragraph 13 (formerly paragraph 14) is engaged.
Nora Pat Stewart
Dated: 10 October 2022