Foilsiú
52758 (13 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: #52758
Date of incident: [ ]
Date of receipt of application: [ ]
Decision outcome: No award, by reason of paragraph 10 of the scheme.
[ ] (“the Applicant”) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”). The Applicant’s claim is that he was stabbed multiple times on [ ], in an unprovoked attack by an unknown assailant.
The Applicant claims that as a result of the attack he has been left with permanent scars and that he suffered neck pain and headaches, and also, that he was afraid to go out to nightclubs, pubs or the city centre and was afraid of knives. The Applicant claims that he is extremely paranoid around others as a result of the assault.
The Applicant stated on his application form that he remembers nothing about the incident, which, he claims was reported to the Gardaí by passers-by at the time of incident. The Applicant further stated on his application form that he did not make a statement to the Gardaí because he could not remember anything, only of waking up in [ ] Hospital with multiple stab wounds.
This application was submitted to the Tribunal on the [ ].
The Tribunal wrote to the Applicant upon receipt of his application on the [ ], to his address in [ ], and set out therein the standard documentation it required in order to consider his application. No response was received from the Applicant. The Tribunal wrote to the Applicant more recently, on [ ], enquiring as to whether he wished to continue his application and if so, to provide the documentation it required for his claim arising from the personal injuries he suffered. No response was received from the Applicant. Most recently the Tribunal wrote to the Applicant on [ ] enclosing a copy of its letter to him of [ ] and noted therein that if no reply was received by [ ], his claim would be sent forward for decision making. The Applicant did not respond.
Paragraph 10 of the Scheme states:
"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.”
In the opinion of the Tribunal, the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support his claim.
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider his application, pursuant to paragraph 10 of the Scheme, no compensation can be paid and no further consideration of this application is required.
No award
*By reason of the foregoing, the Tribunal is of the view that it is not necessary to consider or to make a finding on other matters that arise with this application, including the delay in the submission of this application.
Nora Pat Stewart
Dated: 13 October 2022