Foilsiú
50771 (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: 50771
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
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 was the victim of an aggravated robbery and attempted stabbing incident by [ ] (“offender”), a [ ] in his [ ]. Bravely, the applicant was able to defend himself and disarmed the offender, who then fled. The applicant hurt his hip and back when he tried to jump out of the [ ] to escape from the offender and when fighting back to defend himself. The applicant also suffered psychological injuries.
3. The applicant advises that the incident was reported to [ ] Garda Station. The offender pleaded guilty to robbery and was subsequently prosecuted.
4. The applicant was unable to work for a number of weeks. It is unclear as to what medical attention the applicant sought. No medical report has ever been provided by the applicant to the Tribunal.
5. The applicant claims that he sustained a loss of earnings. However, the applicant has failed to properly vouch and prove this loss.
6. The Tribunal wrote to the applicant’s solicitor on the [ ] and requested details of any out-of-pocket expenses. The Tribunal again wrote to the applicant’s solicitor on the [ ] and invited the applicant to provide vouching documentation in respect of his claim. The Tribunal advised applicant’s solicitor and advised that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to this correspondence.
7. The applicant has not corresponded with the Tribunal for almost [ ] years.
8. 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 losses claimed, to enable the Tribunal to progress and conclude the claim.
9. The Tribunal is entirely satisfied that the applicant was the victim of a crime of violence and undoubtedly sustained severe personal and psychological injuries. Unfortunately, the applicant has failed to sufficiently vouch and prove that he incurred the losses alleged. There has been no contact from or on behalf of the applicant for almost [ ] years. Regrettably, The Tribunal has no option but to find that the applicant has failed to provide all reasonable assistance 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
10. In circumstances where the application has not proven his claim and contravened paragraph 11, it is not necessary for the Tribunal to make any further determinations on the other provisions of the Scheme that might apply to this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
13 May 2022