Foilsiú
51181 (21 August 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: 51181
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to 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, submitted on the [ ], the Applicant said that on the [ ], she was assaulted by her partner, [ ] on [ ].
3. There is a Garda Report on file, received on the [ ]. It states that there was in incident on the [ ], at the junction of [ ] Street and [ ] Street. It states that the incident was not witnessed by the Gardaí. The report states that the Applicant received minor bruising to her shin as a result of being kicked. The Applicant had been involved in an altercation with her partner, [ ], who pulled a chain off her neck, broke her glasses, and kicked her in the shin. Mr [ ] was prosecuted, and the case was heard on the [ ]. It was remanded back to the [ ].
4. The offender paid €[ ], euro in compensation to the Applicant.
5. The Applicant has submitted out of pocket vouching for new glasses and a flight home.
6. The Applicant’s application was brought within the required three-month timeframe for bringing applications and, therefore, fulfils the criteria set down in Paragraph 21 of the scheme.
7. The Applicant claims to have been the victim of crime of violence on the [ ].
8. It is accepted on the balance of probabilities that she was the victim of a crime of violence, given the fact that the offender was brought before the Courts and had to pay compensation.
9. 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’.
10. The Applicant provided the Tribunal with an untranslated doctor’s letter in [ ], dated the [ ]. No certified translation is provided with this letter.
11. Furthermore, a letter was sent from the Tribunal to the Applicant on the [ ], stating that under Paragraph 10 of the scheme that no compensation will be paid where the victim and offender were living together at the time of the crime. The letter states that it appeared that the Applicant was living with the offender at the time of the commission of the crime. No response was received in relation to this letter and no further statement was made by the Applicant.
12. A further letter was sent to the Applicant on the [ ], enclosing a copy of the earlier letter and asking the Applicant if she wished to proceed with her application She was asked to contact the Tribunal before the [ ], if she wished to proceed. The Applicant did not respond to this letter.
13. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of responding to the Tribunal, following correspondence in relation to her case. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
Majella Twomey
Criminal Injuries Compensation Tribunal
21 August 2022