Foilsiú
50414 (23 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: 50414
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under Articles 1, 10 and 22 of the Scheme.
1. Mr [ ] (‘the applicant’) date of birth: [ ] 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 [ ] to the Criminal Injuries Compensation Tribunal in respect of an incident which occurred on the [ ] at [ ] it is noted that the Applicant is a [ ] working, at that time, with [ ], [ ]. The Applicant was the victim of an unprovoked assault having been approached by four men headbutted and kicked in the head. The attackers ran off and the applicant states that initially he did not want to file a report with An Garda Siochana. On reflection he decided that he should make a report and his injuries were bruising to his face and a smashed tooth requiring a cap.
The Tribunal wrote to An Garda Siochana. Garda [ ] states that on the night of the [ ] he received an anonymous call that a fight was occurring on [ ]. A patrol car was dispatched, and they met with [ ] who was in the Company of another male.
The members offered him the opportunity to accompany them to search the area for the offenders and he declined to do so. Sometime later he called into [ ] Garda Station and was bleeding from the mouth. He was intoxicated and he enquired to know if An Garda Siochana could phone a taxi for him. He left the station. He subsequently called to the Station on the [ ] and was asked to know why he declined Garda assistance on the night in question and no explanation was forthcoming.
It does not seem obvious from the Statement from An Garda Siochana that he actually made a statement of complaint as it would appear that he informed the member in question that he was now seeking to make a claim against the Criminal Injuries Compensation Tribunal and this is why he was reporting the incident. The applicant has submitted as part of his claim for compensation an invoice in the sum of €1,100.00 for treatment for [ ] Dental Clinic. No medical report confirming injuries has been submitted.
The report of An Garda Siochana was subsequently forwarded to the Applicant on the [ ] and he was invited to respond particularly to the issue of Article 23 of the scheme which is now Article 22. No response was received from the Applicant.
3. Article 22 provides: “to qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported without delay to the Gardai. However the Tribunal will have discretion to dispense of this requirement where they are satisfied that all reasonable efforts were made by and on behalf of the Claimant to notify the Garda Siochana of the offence and to cooperate with them”.
The appellant did not immediately report the matter to An Garda Siochana.It does not appear that cooperation was forthcoming on the night in question. The Applicant declined the opportunity on the night to assist the Gardai in investigating this alleged assault. It does not seem that any statement of complaint was made merely the filing of a report.
4. The Scheme provides that under Article 1 that compensation may be payable “in respect of personal injury where the injury is directly attributable to a crime of violence”.
It is impossible for the Tribunal based on what has been submitted to date to determine on the balance of probabilities that the Applicant was the victim of a crime of violence inflicted by four unknown individuals.
In addition the Applicant has not cooperated with the Tribunal, has not cooperated with An Garda Siochana as is his obligation under Article 22 of the scheme. Furthermore no medical report has been submitted supporting the voucher for €1,100.00.
5. Finally Article 10 of the scheme provides “no compensation will be payable to an Applicant who is not in the opinion of the Tribunal given the Tribunal all reasonable assistance relating to any medical report that it may require and otherwise”. Two letters to the Applicant have not been answered by him.
On the balance of probabilities it has not been established that the Applicant was the victim of a crime of violence. Furthermore the Applicant has not on the balance of probabilities cooperated to the extent, of the obligation required under Article 22 (formerly Article 23) of the scheme with An Garda Siochana. In addition his discourtesy is not responding to the two item of correspondence from the Tribunal or even acknowledging them is clearly a breach under Article 10.
Accordingly under Articles 1, 10 and 22 the Application is dismissed.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Dated: 23 May 2022