Foilsiú
54705 (26 July 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: #54705
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The Applicant does not qualify for compensation under paragraph 23 (previous 22) of the Scheme for failing to cooperate with the Garda Síochána.
1. Mr. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, dated [ ], the applicant stated that he was attacked on [ ] off [ ] St. in [ ] [ ] centre. He stated that he was attacked from behind and that he was hit in the back of his head and was kicked in his head and his face when he was on the ground. He was robbed of various items including his mobile phone and his wallet, and was ultimately taken by ambulance to the [ ] hospital. He submitted medical evidence to show that he suffered extensive facial swelling and bruising and had a small laceration above his brow which was stitched, and a laceration to his eyelid. It was suspected that he lost consciousness.
3. He stated in his application that he suffered chipped teeth and submitted an estimate for dental work dated in [ ], but there is no mention of damage to his teeth in the hospital documentation. It was stated in one of the medical reports dated [ ] that there was a “defect within the upper right lateral incisor been long-standing” indicating that there were historic dental issues that the applicant suffered from.
4. The application was made within three months and so is within the time limit prescribed by Para. 20 (previous 21) of the Scheme.
5. However, under para. 22 (previously 23) of the Scheme, “to qualify for compensation” under the Scheme, it is necessary to “indicate to the Tribunal that the offence giving rise to the injury has been the subject of criminal proceedings or that it was reported to the Gardai without delay.” The paragraph continues to state that the Tribunal can dispense with this requirement where “all reasonable efforts were made” by or on behalf of the applicant to notify the Gardaí “and to cooperate with them.”
6. In this instance, the Garda report dated [ ] from Garda [ ] of the Community Engagement Unit indicates that the matter was reported on [ ] to the Gardaí. It is stated in the report that no proceedings were taken in the matter as the applicant “did not wish for criminal proceedings to progress in this case.” It is also stated that the applicant has [ ] previous convictions though it is not stated what the nature of these conviction is. A letter from Garda [ ] to the applicant dated [ ] seeking his cooperation in relation to the investigation is also attached to the file.
7. While it is clear that the applicant suffered injuries, and it is likely on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence, I find that para. 22 (previously 23) of the Scheme has not been complied with. Whilst the applicant did report the crime, he subsequently failed to cooperate with the Gardaí in relation to the investigation of the alleged crime. I find from the language of the relevant paragraph, that it is not sufficient to report an alleged crime and subsequently refuse to cooperate with the Gardaí. Therefore, I find that the Applicant does not qualify for compensation under the Scheme.
8. I find that the Applicant does not qualify for compensation under para 23 (previous 22 of the Scheme for failing to cooperate with the Garda Síochána.
Roderick Maguire
Criminal Injuries Compensation Tribunal
26 July 2022