Foilsiú
52728 (29 September 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: 52728
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 12 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The details provided by the Applicant in his application form are extremely sparse. The Applicant is a gentleman receiving disability payment from the State. It appears that the Applicant suffered an unspecified assault on [ ], which he claims was ‘the second assault carried out on the Applicant.’ The Applicant states that he does not know the identity of his assailant(s). The Applicant claims to have suffered bruising to his left arm and right hip and a fractured left cheekbone. The Applicant further claims that his ‘left eye was in an awful state, closed up completely.’
3. The Applicant appears to have spent twenty-four hours as an in-patient at [ ] University Hospital from [ ]. The Tribunal has not been provided with any details of this hospital stay and notes that it occurred nearly three weeks post incident. The Applicant appears to have been under the care of a ‘Dr. [ ] with no further details of his/her name or speciality provided. The Applicant also appears to have received dental treatment in [ ] but, again, not details of such treatment have been provided by the Applicant.
4. The Applicant states that the Gardaí were informed of the alleged incident on [ ], almost three weeks post incident, but the Applicant cannot say by whom the incident was reported. The Applicant asserts that the incident was reported to a (named) detective at [ ] Garda Station but provides no details in respect of any criminal investigation, prosecution and/or conviction arising out of this complaint.
5. The Applicant has not provided any details or vouching documentation at all in respect of expenses or outlay incurred as a result of this incident.
6. The Tribunal wrote to the Applicant’s solicitor on [ ] seeking further information in respect of the Applicant’s application. This request included inter alia a request for original receipts in respect of payment the Applicant had to make as a result of his injuries. Further correspondence was exchanged between the Tribunal and the Applicant’s solicitor but no particularised claim, or vouching documentation, was received by the Tribunal.
7. The Tribunal wrote to the Applicant’s solicitor on [ ] enquiring whether the Applicant wished to proceed with his application for compensation and asking a) what the outcome of criminal proceedings in relation to the incident was (if any) and, b) seeking particulars and vouching documentation in respect of out of pocket expenses incurred by the Applicant. No response was received to this correspondence and the application was sent for decision.
8. Paragraph 12 of the Scheme provides:
‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
9. The application form, signed by the Applicant, confirmed his acceptance, under Part 10, that he would provide all reasonable assistance to the Tribunal. In the Tribunal’s view, such an acceptance would clearly include an acceptance by the Applicant of any reasonable time limits which the Tribunal requested for the provision of information in relation to the claim.
10. The Applicant has failed to respond to repeated requests for information from the Tribunal to enable the progression of his claim for compensation.
11. The Tribunal is satisfied, on the basis of the above, that the Applicant has failed to comply with the duty imposed upon him pursuant to paragraph 12 of the Scheme and that, as a result, no compensation should be paid in respect of this application.
12. N/A.
13. N/A.
14. N/A.
15. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
29 September 2022