Foilsiú
51759 (7 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: 51759
Date of incident: [ ]
Date received: [ ]
Decision: No award.
1. The applicant, in her application form, states that she was sexually abused by her uncle from [ ] to [ ]. The applicant states that the matter was reported to the gardaí. The applicant’s uncle is now deceased. The applicant’s uncle was not prosecuted in relation to the matter.
2. The tribunal wrote to the applicant on [ ]. In that letter the tribunal acknowledged receipt of the application. The tribunal informed the applicant of the three month time limit provided by paragraph 21 and stated that the reason supplied by the applicant would be placed on file. The tribunal also informed the applicant that it would write to the gardaí for a report and that the report would be forwarded to the applicant when it became available.
3. On [ ] the tribunal wrote to the gardaí requesting a report.
On [ ] the following response was received from the gardaí “[t]his incident occurred between [ ] – [ ] which was pre computerization in [ ] Garda Station. All members who would have been on duty during this period are now retired/decease. Unfortunately I cannot assist you in this matter.”
4. On [ ] the tribunal wrote to the applicant and enclosed a copy of the garda report. The tribunal asked the applicant if she could provide any further information such as the name of the garda she reported the incident to, what garda station and when it was reported. The tribunal received no response from the applicant in relation to this enquiry.
5. On [ ] the tribunal wrote to the applicant and asked if she wished to pursue her application. The tribunal did not receive a response.
6. Paragraph 11 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, in relation to any medical report that it may require, and otherwise.”
7. It is for the applicant to establish her case and to provide all reasonable assistance to the tribunal in relation to her claim, that has not been done in this matter. I make no award.
Signed: Elizabeth Davey
Date: 7 October 2022