Foilsiú
23715 (13 May 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: 23715
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Not admitted under the Scheme as failure by the applicant to establish that the injury is directly attributable to a crime of violence.
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 under the Scheme it is stated that the applicant was assaulted [ ] near his home by two men. He had to have his head scanned and x-rayed in the hospital and required [ ]. His ears hands and wrists were injured. His clothes were damaged and he lost his [ ]. He reported the incident to Gardai. He stated that he had lost earnings at work, and had not claimed social welfare benefits. He also stated that he had incurred taxi and medicine costs.
3. A Garda report dated [ ] indicated that an official complaint had been made against two men by the applicant, that the investigation was ongoing, and that criminal proceedings had not yet commenced.
4. Receipts were submitted for clothes and taxis, a GP receipt, a hospital receipt, and a prescription claim form.
5. The Tribunal wrote to the Applicant on [ ] providing him with the Garda report, indicating that it was the policy of the Tribunal to await the outcome of the criminal case, and asking that he would inform the Tribunal when he became aware of the proceedings having been finalized. No response to this correspondence was received.
6. By further letter dated [ ], the Tribunal wrote to the Applicant, asked him to inform them whether he wished to pursue the application, and stated that if there was no response by [ ], the file would be sent for a decision. No response was received.
7. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
8. I am not satisfied that the applicant has established, 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. While the Garda report indicated that allegations had been made by the applicant, no supporting factual or medical documentation outlining the nature of the injuries suffered was submitted. Accordingly, I do not admit the application for consideration under the Scheme.
9. Further, even if I were to admit the application for consideration the Scheme, the Scheme provides at paragraph 10 (previously para. 11) as follows:
10. provides at paragraph 10 (previously para. 11) as follows:
“10. 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.”
11. From the foregoing lack of correspondence since [ ], and in particular the lack of reply to the letter of [ ], I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
12. The Applicant has not established that he was the victim of a crime of violence. Accordingly, I do not admit the application for consideration under the Scheme.
13. Even if the application were admitted for consideration under the Scheme, the applicant has not provided documents as required in relation to his claim and has not replied to correspondence in relation to same. Therefore I further find that he has not given all reasonable assistance to the Tribunal as required.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
13 May 2022