Foilsiú
51828 (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: 51828
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 in his neigbourhood in [ ] by an unknown person [ ] as a result of which he suffered a head injury. The Applicant claims that he attended University [ ] for treatment as an inpatient from [ ] to [ ] and thereafter from [ ] to [ ] as an outpatient, as well as receiving treatment from his GP Dr [ ] based in [ ] and Dr [ ], Neurologist, of the [ ] Clinic, [ ], for the injuries he sustained in this attack.
The Applicant claims that as a result of the assault he suffered from cerebral contusion and subdural haematoma on the left side and that his vision, smell, and taste were affected, that his vision was very poor and that he suffered [ ]”. At the time of submitting his application, on [ ] the Applicant noted that his injuries were ongoing and that the final expenses he envisaged he would be claiming had yet to be ascertained, but that his hospital bills amounted to €1,000 up to that point and that he was awaiting further details of his expenses.
The incident/assault was reported to the Gardaí at [ ] Garda Station by the Applicant’s [ ]. In a Garda Report, received by the Tribunal on [ ], the Gardaí confirmed that in the early hours of [ ] morning, [ ] the Applicant’s wife, [ ], found her husband lying on the ground outside their house, in recovery position. According to the Gardaí, a fight had broken out earlier which involved both the Applicant and a man known by the name of [ ], and that both the men had been drinking. [ ] had declined to make a statement to the Gardaí as he was travelling [ ]. The Gardaí obtained a statement however from both the Applicant and his wife on [ ].
Witness statements were taken from others present, including the Applicant’s next-door neighbour and a friend of hers who was present at the scene. The neighbour’s friend made a statement to the Gardaí wherein he claimed that he had tried to get the Applicant away from his next-door neighbour’s door on the morning of the incident, that both the Applicant and the man known by the name of [ ], were intoxicated, and had threatened their neighbour with a knife. The neighbour claimed that when she had asked the Applicant to move away, he had grabbed at her wrist and that she had felt frightened and intimidated. The neighbour’s friend informed the Gardaí that he was trying to diffuse the situation when a scuffle broke out and that he had pushed the Applicant, whereupon the Applicant fell and hit his head off the ground. The Gardaí confirmed to the Tribunal that Summons’s had issued for both the Applicant and the neighbour’s friend, but that the Applicant had not be served with the Summons as he had not returned from [ ].
Two sets of legal advisors have been involved in progressing the Applicant’s claim for compensation under the Scheme, the most recent being [ ] Solicitors, who took over the handling of this application for the Applicant on [ ]. On [ ] the Tribunal wrote to the Applicant’s legal advisors and informed them that it was for the Applicant to establish his case and that it appeared from the Garda Report furnished to it, that the Applicant had been drunk and the initial aggressor from which the incident arose. The Tribunal set out paragraph 13 (as it was then), now paragraph 12:
“No compensation will be payable where the Tribunal is satisfied that the victim was responsible, either because of provocation or otherwise, for the offence giving rise to his injuries and the Tribunal may reduce the amount of the award where in its opinion the victim has been partially responsible for the offence.”
The Tribunal invited the Applicant to make a comment on the incident, as reported by the Gardaí. The Applicant did not respond to this invitation. Notwithstanding, the Applicant’s legal advisors, on [ ], sent the Tribunal a note of the Applicant’s special damages, copy receipts and a decision from [ ] on the Applicant’s disability.
Further inter partes correspondence was exchanged between the Tribunal, the Gardaí and the Applicant’s legal advisors after that. On [ ] the Gardaí confirmed that they had applied for Summons’s for both men involved in the fracas but the Applicant remained outside the jurisdiction and that the Summons had not been served upon him, nor had the other Summons been served.
The Tribunal wrote to the Applicant’s legal advisors on [ ] informing them that it was normal procedure for the Tribunal to wait for proceedings to take their course before applications for compensation are considered, and that the Applicant’s application would not be considered until the criminal proceedings had concluded, and to that end, to please advise the Tribunal when said proceedings had concluded.
The Tribunal did not hear from the Applicant and/or his legal advisors after that. On [ ] the Tribunal wrote to the Applicant’s legal advisors enquiring as to whether the Applicant intended to continue with his claim and if so, to send on all the required documentation to support his claim and that if they did not hear back by [ ], a decision would be made on the Applicant’s file as it presented. The Tribunal received no response for either the Applicant or his legal advisors.
Paragraph 10 (formerly 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 it, enable it to assess his application.
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 the Tribunal had made a determination on this application pursuant to paragraph 10 of the Scheme it is of the view that it is not necessary to consider or to make a determination on other matters that arise with this application, including whether provocation on the part of the Applicant might have had to be considered.
Nora Pat Stewart
29 October 2022