Foilsiú
52149 (21 October 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: 52149
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 11 of the Scheme.
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 by [ ] Co, on the [ ], under the original Scheme, it was stated that the Applicant suffered serious sexual assaults, as a teenager, over the course of three to four years at [ ].
3. A Garda Report dated the [ ], was submitted by Garda [ ]. It sets out a number of alleged sexual offences against the Applicant between [ ] and [ ]. The alleged perpetrator was sentenced to prison, previously, on other sexual assault matters. The Applicant’s case was being considered by the DPP at the time of the making of the report.
4. No medical report or out-of-pocket expenses were submitted.
5. The Applicant claims to have been the victim of sexual abuse in [ ], albeit the Garda reports refer to [ ] and [ ].
6. The Tribunal wrote to [ ] & Co on the [ ], asking that the Tribunal be advised when the criminal proceedings against the perpetrator, [ ], had concluded. Furthermore, the letter referred to the fact that the alleged offences were not reported to the Gardaí until [ ].
7. A letter was received, by the Tribunal, from [ ] & Co on the [ ], stating that ‘we are advised that criminal proceedings have now concluded in this case and perhaps you are now in a position to deal with our clients claim’. The letter did not set out what the outcome of these proceedings were, nor did it address the delay issue.
8. A further letter was sent to [ ] & Co on the [ ], seeking documentary evidence of out of pocket expenses /financial loss. No response was received.
9. A final letter was sent to the Applicant’s Solicitor on the [ ], asking if the Applicant still wished to pursue the matter and requested the Applicant’s solicitor to reply to the Tribunal on or before the [ ], if he so did.
10. The Applicant or his agents have failed to provide the Tribunal with any update in relation to the queries raised in correspondence.
11. 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’.
12. The Applicant, in this case, has, unfortunately, not provided any reasonable assistance to the Tribunal in terms of updating the Tribunal regarding the outcome of criminal proceedings or financial loss, nor has he indicated whether he wishes to continue his claim, despite the Tribunal’s queries in this respect. In the circumstances and considering the lack of any clear information requested by the Tribunal, it finds that no compensation is allowable in this case.
13. Based on the failure on the part of the Applicant and or his agents to provide reasonable assistance to the Tribunal, the Tribunal cannot award compensation in this case.
Majella Twomey
Criminal Injuries Compensation Tribunal
21 October 2022