Foilsiú
F/52467 (27 May 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: F/52467
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 11 of the scheme.
1. [ ] (the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation under the original Scheme, dated the [ ], and received on the [ ], the Applicant stated that her ex-husband was fatally murdered on the [ ]. The Applicant listed two dependent children, [ ] and [ ] and she listed two ‘reputed’ children, [ ] and [ ]. The Applicant said she had been divorced from the deceased since [ ].
3. There is a Garda report on file dated the [ ]. It states that the deceased was found by the Gardaí on the [ ]. The deceased was stabbed multiple times at [ ]. Two men were charged with his murder. The deceased had [ ] recorded criminal convictions.
4. The Applicant brought this application within three months of the alleged crime and is, therefore, within the time limit for bringing such a claim.
5. The Applicant, in this case, has failed to provide the Tribunal with all reasonable assistance as required under paragraph 11 of the scheme.
6. 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’.
7. The Tribunal wrote to the Applicant’s Solicitor on the [ ], asking if there were any other dependents who wished to be included in the claim. There was no clear response to this particular request.
8. On the [ ], the Tribunal wrote to the Applicant again seeking comments on Article 14 of the scheme, in circumstances where the deceased had [ ] criminal convictions. No response was received in relation to this letter.
9. A further letter was sent to the Applicant on the [ ], asking the Applicant for further documents, including the Applicant’s birth certificate. Again, no response was received in relation to this letter.
10. A final letter was sent to the Applicant on the [ ], asking them to respond to the Tribunal by the [ ], if she intended pursuing his application. No response was received in relation to this letter.
11. In the circumstances, the Tribunal finds that there has been no engagement from the Applicant since [ ], and the Applicant has failed to provide reasonable assistance to the Tribunal.
12. Based on the absence of the information requested by the Tribunal, the Tribunal finds that it cannot, unfortunately, award compensation in this case as the Applicant has not provided all reasonable assistance to the Tribunal and the application must fail.
Majella Twomey
Criminal Injuries Compensation Tribunal
27 May 2022