Foilsiú
51718 (26 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.
Scheme of Compensation for Personal Injuries Criminally Inflicted
Decision of one member of the Tribunal pursuant to section 25 of the Scheme
Applicant: [ ]
Date of injury: [ ]
Date of application: [ ]
Case reference: 51718
Decision: Pursuant to Article 23 of the Scheme in place at the time of the applicant’s application to the Tribunal, the application is refused.
1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ].
3. In his application, the applicant stated he was injured by a group of men who had been beating up [ ] at the home of [ ]. When the applicant went to investigate what was going on, he was struck from behind and kicked in the face while lying on the ground.
4. The applicant claims compensation for past hospital expenses, and for past and future dental expenses which will be incurred as a result of the injuries he sustained.
5. The Tribunal has had the benefit of a Garda Report dated [ ] which state that the applicant was attending [ ] when he was assaulted by a number of unknown men who had previously been assaulting other members of his family. The applicant suffered two broken front teeth and received cuts and bruises to his face.
6. The Garda Report stated that, following his initial statement to An Garda Siochana, the applicant made a further statement withdrawing his initial statement of complaint and subsequently there will be no further garda action in this matter.
7. On [ ], the secretariat of the Tribunal wrote to the applicant acknowledging receipt of his application and forwarding a copy of the Garda Report. The applicant’s attention was brought to Article 23 of the Scheme which requires an applicant to co-operate with Gardai during the investigation into the events which gave rise to the injuries.
8. On [ ] the secretariat of the Tribunal wrote to the applicant asking if the applicant wished to pursue his claim, and, if so to submit the documentation sought, including receipts to vouch his claim for compensation for out-of-pocket expenses. The applicant was informed that, in absence of same, his file would be sent to a Member of the Tribunal for determination.
9. No response to this letter, or the letter of [ ] is on file.
10. The following documents were furnished to the Tribunal Member for determination:
a. Completed application form dated [ ];
b. Garda Report dated [ ];
c. Letter from Secretariat of the Tribunal to the applicant enclosing the Garda Report and seeking submissions in reference to Article 23 of the Scheme;
d. Letter from Secretariat of the Tribunal dated [ ] to the applicant asking the applicant to submit outstanding information, including original vouching documentation relating to out-of-pocket expenses and in absence of same, his file would be sent to a Member of the Tribunal for determination.
11. I am satisfied that the applicant was a victim of a crime of violence within the meaning of the Scheme. I am also satisfied that the injuries sustained by the applicant arose as a direct consequence of that crime. I am satisfied that the applicant reported the matter to An Garda Síochána promptly.
12. Article 23 of the Scheme in place at the time of the applicant’s application to the Tribunal provides:
“To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardai without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them.”
13. In circumstances where the applicant made a statement to An Garda Siochana withdrawing his initial statement of complaint, I find that the applicant has failed to co-operate with An Garda Siochana in this matter.
14. On [ ], the applicant’s attention was drawn to this provision of the Scheme by the secretariat of the Tribunal. The applicant has not provided any reason why Article 23 should not apply in this case. I therefore find that the applicant has not co-operated with An Garda Siochana, and therefore, applying Article 23 of the Scheme, the application must be refused.
Peter Stafford
Member, Criminal Injuries Compensation Tribunal
26 August 2022