Foilsiú
53217 (20 January 2023)
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 (1) of Compensation for Personal Injuries Criminally Inflicted
Decision of a Single Member
(1) The Scheme in being at the time of the application.
Name of applicant: [ ]
Application number: #53217
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 on [ ] she was assaulted at her home in [ ] by a known offender, as a result of which she suffered lacerations to her head, which required surgery, as well as lacerations to her hands, arms and legs and strangulation marks.
The Applicant further claims that as a result of this attack she suffered mental and physical trauma. At the time of submitting her application to the Tribunal, the Applicant recorded on her application form that she continued to suffer from dizzy spells, headache and numbness, nausea, panic attacks, mental trauma, was living in constant fear and was afraid to go out.
The Applicant attended [ ] Hospital and GP Dr [ ] practising at [ ] for treatment for her injuries.
The incident was reported to the Gardaí at [ ] Garda Station the day after the incident, [ ]. A Garda Report, dated [ ], has been received by the Tribunal wherein the Gardaí have stated that there were no witnesses to the alleged offence but that Applicant reported to the Gardaí that a male had forced his way into her house, forced her to allow him to drink alcohol with her and that he hit her in the back of the head and tried to choke her. The Gardaí recorded in the said Report that the alleged offender had responded to these allegations in the following terms: that he had been invited into the Applicant’s residence and that they drank for several hours together, that the Applicant had been extremely intoxicated and had fallen numerous times, hitting her head. The alleged offender also claimed that the Applicant was playing with her pet [ ], which had caused the injuries to her hand. The Gardai confirmed that while an investigation file had opened on the incident, no proceedings had been taken and that no compensation had been paid, as there had been no offender.
This application was submitted on behalf of the Applicant by her legal advisors and was received by the Tribunal on [ ]. The Applicant’s claim is for out-of-pocket expenses, including medical expenses and travel, as well as a loss of earnings claim.
In support of her claim, the Applicant has furnished the Tribunal with inter alia the following: two invoices from [ ], for attendance on the [ ] and for an in-patient charge for three nights from [ ] to [ ]; a letter from the Applicant’s employer, dated [ ], confirming that the Applicant was a part time member of staff and had been out of work since [ ] ( that is, [ ] days after the incident complained of) as a result of which she suffered a total loss of earnings up to [ ] of €1,715.28; a receipt from the Applicant’s GP, dated [ ] for a lab test undertaken; and, 39 taxi receipts for attendances at [ ] Hospital, many of which are for return trips, from [ ], in or around the time of the alleged incident.
On [ ] the Tribunal wrote to the Applicant’s legal advisors and set out the information it required from the Applicant in order to assess her application for compensation, including a request for details of any social welfare payments paid to the Applicant after the incident. In correspondence dated [ ] the Applicant’s legal advisors responded that the Applicant was not in receipt of any payment bar Deserted Wives Benefit and therefore would not be entitled to any further payment. They also noted that they were awaiting their client’s medical report. No medical report was furnished to the Tribunal.
On the [ ], the Tribunal forwarded a copy of the Garda Report received to the Applicant’s legal advisor. No further communication was received from the Applicant or her legal advisors after that.
On [ ] the Tribunal wrote enquiring as to whether the Applicant wished to pursue her application and if so, to respond accordingly by [ ], failing which, the file would be sent forward as it presented, for determination by a Tribunal member. No response was received by the Tribunal.
Paragraph 10 (previously paragraph 11 of the Scheme) states that:
“No compensation will be paid 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 or otherwise.”
As the Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance pursuant to paragraph 10 of the Scheme, so that it can consider the Applicant’s claim, no compensation can be paid and no further consideration of this application will be made, including whether the incident complained of, the subject matter of the Applicant’s claim under the Scheme constituted a crime of violence and/or whether the delay in submitting this application warranted exceptional treatment of it.
No award
Nora Pat Stewart
20 January 2023