Foilsiú
51076 (28 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: 51076
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. In her application for compensation under the original Scheme, dated the [ ], and received by the Tribunal on the [ ], the Applicant stated that she suffered an assault at [ ]. The Applicant states that no criminal proceedings had been instituted at the time of the application. The Applicant seems to have suffered injuries to her nose, eyes and wrist.
3. There is a Garda letter on file dated the [ ]. It states that the Applicant was pushed to the ground, fell on her wrist and it fractured. She was kicked in the body and head. The Applicant, herself, was convicted on the [ ] for public order offences and fined €317.43. The offenders of the attack on the Applicant were convicted in [ ] District Court. No compensation was paid.
4. There is no medical report on file. Civil proceedings were pending at the time of making the application.
5. There are no vouched receipts on file.
6. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
7. The Applicant claims to have been the victim of crime of violence on the [ ].
8. In circumstances where the Applicant reported the incident to the Gardaí and where a an individual was identified and prosecuted in this respect, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime. It is also noted that the Applicant had to be treated in hospital following the attack.
9. Paragraph 11 of the original 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’.
10. The Applicant in this case has not provided any reasonable assistance to the Tribunal in terms of submitting a full overview of vouched expenses or medical information in relation to her claim.
11. The Tribunal wrote to the Applicant on the [ ], seeking further information and asking for a comment on Paragraph 14 of the scheme. There was no response to this letter.
12. There was a further letter on file dated the [ ], asking the Applicant if she wanted to pursue this claim. She was requested to reply to the Tribunal by the [ ]. However, no response has been received.
13. There is no clear evidence regarding the sums of money which the Applicant has had to expend, nor has she provided reasonable assistance to the Tribunal in relation to its requests. In circumstances where the Applicant has failed to engage with the Tribunal, the Tribunal finds that no compensation is allowable in this case and this case must fail.
14. Based on the absence of clear vouched expenses and information requested by the Tribunal, the Tribunal finds that this case must fail.
Majella Twomey
Criminal Injuries Compensation Tribunal
28 May 2022