Foilsiú
51343 (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: 51343
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application is dismissed under Article 9 and under Article 10.
1. Mr [ ] (‘the applicant’), date of birth: [ ] with an address of [ ] has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. His application for compensation under the Scheme, dated [ ] is in respect of an incident which took place on the [ ]. The Application was lodged within time. The incident took place at [ ].
3. Application was lodged within time.
4. The Applicant gave little or no details in his application form and instead relied on the statement that he gave to An Garda Siochana. In the report from An Garda Siochana prepared by Garda [ ] dated the [ ] it stated that the Applicant was socializing with two other males inside a flat and he was assaulted by two of these males. One of the males then left the flat and the Applicant left a short time later and was further assaulted on [ ].
While summonses were issued in relation to the incident An Garda Siochana noted that the Applicant had left the jurisdiction and had not made any contact with the investigating Gardai for the previous four months.
The Application form was submitted by the Applicant’s Solicitors Messrs [ ] & Company. The Tribunal wrote to them on the [ ] and their attention was drawn to Article 14 of the scheme “no compensation will be payable where the Tribunal is satisfied that the conduct of the victim his or her character or way of life make it in appropriate that he or she should be granted an award and the Tribunal may reduce the amount of an award where in its opinion it is appropriate to do so having regard to the conduct character or way of life of the victim”.
In addition the Tribunal enquired as to what medical expenses and other expenses the Applicant suffered as a result of this incident. No response was received to that correspondence. A further letter issued from the Tribunal Secretariate on the [ ] referring to the correspondence of the [ ] and noting that no response had been received.
Again no response has been received to that correspondence.
5. Article 9 of the scheme provides “ no compensation will be payable unless the Tribunal is satisfied that the injury is such that compensation of not less than €500.00 should be awarded”.
To date no details of any out of pocket expenses have been submitted to the Tribunal and on this basis alone the claim is being dismissed.
6. In addition under Article 10 it provides “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”.
Clearly no cooperation is forthcoming in this matter.
While the application is dismissed under Article 9 it clearly can and is also dismissed under Article 10.
Martin G Lawlor
Criminal Injuries Compensation Tribunal
Dated: 23 May 2022