Foilsiú
50170 (28 February 2023)
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: 50170
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 1 of the Scheme. In the alternative, application refused under Paragraph 12 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The details provided by the Applicant in his application form are somewhat sparse. The Applicant states that he was on a night out in [ ] on [ ]. The Applicant had met friends and consumed several alcoholic drinks in various nightspots around the city, culminating in a ‘few drinks’ in [ ] Pub on [ ]. The Applicant states that he got up to leave the pub and get a taxi home and states:
‘I remember being at the door of the pub and we went into the street to get a taxi. The next thing I knew I woke up in hospital. I was on a trolley in St James’ Hospital.’
3. The Applicant states that he suffered a broken nose and a badly bruised and swollen eye which required stitches. The Applicant also states that he suffered eye strain and damage to his inner ear which has affected his balance. The Applicant claims unspecified ‘dental damage’, constant headaches and an almost total loss of smell and taste. The Applicant has provided receipts for visits to his GP and the A&E Department at [ ] Hospital but has not provided the Tribunal with any medical records or reports detailing his injuries.
4. The Applicant reported the matter to An Garda Síochána on [ ], approximately four weeks post incident. The Tribunal has been furnished with a copy of the Applicant’s statement by An Garda Síochána. It appears that no-one has been identified as the assailant and no criminal proceedings were brought.
5. The Applicant has not provided any details or vouching documentation at all in respect of expenses or outlay incurred as a result of this incident.
6. The Tribunal wrote to the Applicant on [ ] acknowledging receipt of the Applicant’s application and seeking further information from the Applicant in respect of expenses, VHI cover and loss of earnings. Further correspondence was sent to the Applicant on [ ] furnishing the Applicant’ with the Garda report and seeking further information as to why the matter was not reported to Gardaí until [ ].
7. The Tribunal wrote to the Applicant on [ ] enquiring whether the Applicant wished to proceed with his application for compensation and repeating its request for information sent in its letter of [ ]. No response was received to this correspondence and the application was sent for decision.
8. The Scheme was set up to provide compensation for personal injuries criminally inflicted upon applicants. Accordingly the is an onus on any applicant to provide prima facie evidence that they have been the victims of a crime. In the instant case the Applicant cannot account for how he suffered his injuries and, therefore, cannot prove, even on a prima facie basis, that his injuries were criminally inflicted. The Tribunal is therefore satisfied that the Applicant has failed at the first evidentiary hurdle and that his application for compensation under the Scheme must therefore fail.
9. In the alternative, Paragraph 12 of the Scheme provides:
‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
10. The application form, signed by the Applicant, confirmed his acceptance, under Part 10, that he would provide all reasonable assistance to the Tribunal. In the Tribunal’s view, such an acceptance would clearly include an acceptance by the Applicant of any reasonable time limits which the Tribunal requested for the provision of information in relation to the claim.
11. The Applicant has failed to respond to repeated requests for information from the Tribunal to enable the progression of his claim for compensation.
12. The Tribunal is satisfied, on the basis of the above, that the Applicant has failed to comply with the duty imposed upon him pursuant to paragraph 12 of the Scheme and that, as a result, no compensation should be paid in respect of this application.
13. N/A.
14. N/A.
15. N/A.
16. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
28 February 2023