Foilsiú
23749 (14 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: 23749
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to paragraph 11.
1. [ ] (‘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, submitted on the [ ], but notified to the Tribunal on the [ ], the Applicant states that he was the victim of an unprovoked assault on the [ ], at [ ], when he was leaving his friend’s house and set upon by two men. The Applicant claims that he sustained injuries to his head and nose.
3. There is a no Garda Report on file. The Tribunal wrote to the Gardaí on the [ ], [ ], [ ], [ ], [ ]. However, no report was forthcoming. The Tribunal notes that the Applicant, in his application form, did state that he reported the matter to Garda [ ], [ ] Garda Station. He also states that after the attack he returned to his friend’s house and the ambulance and guards were called.
4. It is not clear, to the Tribunal, from the information on file if anyone was charged was subsequently convicted of an assault.
5. The Applicant submitted a letter from [ ] stating that he was off work for three weeks. The letter did not record the specific dates, nor does it state why the Applicant was off work. There are two hospital receipts for €80 each for in-patient stays on the [ ] of [ ], and on the [ ].
6. The Applicant’s application was not brought within three months of the alleged crime. However, it appears form the face of the record that the application was notified to the Tribunal within the required three months on the [ ]. Considering the fact that this is noted on the application form, it is accepted that the application was made within the required timeframe.
7. Furthermore, there is no Garda report on file to set out that a crime had actually been reported. However, the Applicant states, in his application, that he reported this incident to Garda [ ], [ ] Garda Station. The Tribunal wrote to the Gardaí on five separate occasions, yet no report was forthcoming. There is no evidence to suggest that a perpetrator was identified nor is there any evidence of any incident being recorded. However, the Applicant states that the Gardaí have sent a file to the DPP. In the circumstances, the Tribunal accepts on the balance of probabilities that the Applicant reported the matter to the Gardaí without delay.
8. The Applicant claims to have been the victim of crime of violence on the [ ].
9. It is noted that the Applicant reported the alleged incident to the Gardaí on the night in question. It is accepted on the balance of probabilities that he was the victim of a crime of violence.
10. The Applicant has failed to provide the Tribunal with any clear evidence of vouched expenses which occurred as a result of the crime, apart from two hospital receipts. It is not clear if these have been paid, nor is it clear if these arose as a result of the incident on the [ ].
11. A letter was sent to the Applicant on the [ ], asking if the Applicant still wanted to pursue this claim. The letter sought further information in relation to vouching and out of pocket expenses. No response was received.
12. 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’.
13. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of submitting clear vouching information in relation to out-of-pocket medical expenses or for loss of earnings. There were no medical reports on file to state why the Applicant was hospitalised, for example. Furthermore, no clear evidence was provided in relation out of pocket expenses. In the circumstances, the Tribunal finds that no compensation is allowable in relation to these matters.
Majella Twomey
Criminal Injuries Compensation Tribunal
14 July 2022