Foilsiú
50695 (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: 50695
Date of incident: [ ]
Date received: [ ]
Decision: No award
1. The applicant states in his application form that he was assaulted by two men outside a takeaway in [ ]. He sustained injuries to his hand and leg. The matter was reported to the gardaí however the applicant refused to make a statement to the gardaí in relation to the incident and his family also refused to cooperate.
2. Paragraph 23 of the Scheme provides "to qualify for compensation it will be necessary to indicate to the tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the gardaí without delay. However, the tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Siochana of the offence and to cooperate with them."
3. In a letter to the tribunal received on [ ] the applicant stated that the reason he did not provide a statement to the gardaí was because he thought the people were trying to murder him and also that he did not know who they were.
4. The applicant refused to cooperate with the gardaí in relation to the investigation of this offence. The applicant sustained severe injuries and his actions in not providing a statement to the gardaí had the effect that the perpetrators could not be brought to justice. The applicant states that he did not know his attackers however there was other valuable information that could have been provided by him to the gardaí to assist the investigation. His account of the attack was an important one without which the gardaí could not progress the investigation. I make no award in this case.
Signed: Elizabeth Davey
Date: 13 May 2022