Foilsiú
51729 (13 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: #51729
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 in the early hours of [ ] she was at a nightclub in [ ] when she was assaulted by two known individuals, resulting in head injuries extending to concussion, headaches, dizziness and blurred vision, as well as a black eye and bite on her back. The Applicant who is a [ ] was off work from the [ ] through to the [ ] as a result of her injuries. It is unclear to the Tribunal, if or when the Applicant reported the assault to the Gardaí as she has stated on her form at 2 (d) “contact [ ] Garda Station if you cannot get a statement from solicitor.”
Upon receipt of this application the Tribunal wrote on [ ] to the Applicant and set out therein, the standard information it required from all applicants, in order to progress her application. No further communication was received from the Applicant. The Tribunal wrote most recently on the Applicant on [ ] enquiring as to whether she wished to pursue her application and stated therein that if they did not hear from the Applicant by [ ], they would send her application forward for a decision to be made. The Tribunal received no response from the Applicant.
Paragraph 10 of the Scheme states:
"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.”
As the Applicant has not responded to the Tribunal’s correspondence seeking further information, the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support or progress her claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider her application, pursuant to paragraph 10 of the Scheme, no compensation can 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 a number of issues arising with this application, including whether a crime of violence arose, whether the incident was reported in earliest course to the Gardaí.
Nora Pat Stewart
Date: 13 October 2022