Foilsiú
23733 (27 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: 23733
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. On the [ ], the applicant alleges that he was stabbed in the leg and arm by [ ] (“offender”) outside the [ ] on [ ].
3. The matter was reported to the Gardai in [ ]. The offender, a UK resident, fled the jurisdiction. It is unclear if the offender was ever prosecuted.
4. The Gardai in their letter to the Tribunal, dated [ ], record that the applicant and offender left the [ ] and a fight broke out between them. The reason for the fight was unknown.
5. The applicant received treatment in [ ] hospital. The applicant required a [ ] and was kept in hospital for 8 days. Subsequently, he received treatment from [ ] and from his G.P. [ ].
6. The applicant was unable to work between [ ] and the [ ]. He has made a claim to the Tribunal in respect of lost earnings, pharmacy expenses and travelling expenses. The applicant has provided vouchers regarding his travelling expenses (€138.71), Pharmacy expenses (£12.40 GBP) together with letters from his employers regarding his potential gross loss of earnings totalling (£3,175 GBP).
7. The Tribunal wrote to the applicant on the [ ] requesting details of his net losses. No response has been received to this correspondence.
8. Unfortunately, no contact has been received by the Tribunal for or on behalf of the applicant since the [ ], over [ ] years ago. The Tribunal wrote to the applicant on the [ ] enquiring whether the applicant wished to advance his application. No response was received from the applicant to this correspondence.
9. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers and documentary proof of any net losses claimed, to enable the Tribunal to conclude the claim.
10. The Tribunal, while satisfied on the balance of probabilities that the applicant was the victim of a crime of violence and undoubtedly sustained severe personal injuries, finds that the applicant has failed to provide the Tribunal with all reasonable assistance to outline his net losses with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. For these reasons, the Tribunal declines to make an award in this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
27 May 2022