Foilsiú
51868 (6 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: #51868
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 she was assaulted on [ ] on [ ] by a person known to her. A Garda Report received by the Tribunal on [ ] confirms that on the morning of [ ], whilst on mobile patrol, they were flagged down by a male who pointed to the Applicant who was at that point slumped on the footpath. The Gardaí reported that the male did not wish to give his name to them and that he left the scene of the incident upon their arrival.
The Gardaí confirmed in their said Report that the Applicant had visible swelling and red marks on her face and was visibly shaken when they came upon her, but that she managed to communicate to them in broken English both the name of the offender and that he had hit her. According to the Gardaí they put the Applicant into the back of their patrol car and drove around the area, in an attempt to find the male offender but the Applicant reported that she was feeling unwell and requested to go to hospital. The Gardaí brought the Applicant to A & E at the [ ] Hospital.
On [ ] the Applicant made a first statement to the Gardaí, and on [ ] she made a further statement to the Gardaí where she identified both her assailant and his address. Proceedings were bought in the District Court in respect of this incident, but according to the Gardaí at the time of furnishing their Report to the Tribunal (i.e., [ ]), the matter was still under investigation, and they noted “a number of lines of enquiry are still being pursued which may result in the charging of other people who were complicit in this crime.”
This application was received by the Tribunal on [ ], which was over one year and five months after the incident/assault the subject matter of the application occurred.
The Applicant claims that she was an in-patient at the [ ] Hospital from [ ] until [ ] and also claims that she received treatment in [ ] (where she was born). The Applicant has made a claim in the sum of €1,000 for dental repairs which were carried out in [ ], but no vouching documentation has been submitted to the Tribunal in that regard.
The Gardaí confirmed in their Report that the Applicant was attended to in A & E at the [ ] Hospital by Dr [ ]. In a medical report furnished by Dr [ ] by email to the Gardaí, dated [ ], he confirmed that the Applicant “had swelling around her right eye with bruising but no obvious injury to the eye itself. The x ray of her face showed fluid in the right maxillary sinus which implies a facial bone fracture due to the injury”.
The Tribunal acknowledged receipt of this application on [ ] and on [ ] sent the said Garda Report to the Applicant care of her nominated advisors the Migrant Rights Council of Ireland (MRCI). The Tribunal set out in its attached letter the standard documents/information required from the Applicant in order to progress her application to decision-making stage.
The Tribunal did not hear from the Applicant nor her nominated representatives after that. The Tribunal wrote most recently, on [ ] to the Applicant, again seeking the information it required and noted therein that if no response was forthcoming within a month, that her application would be sent forward for a decision. No response was received from the Applicant or her representatives in response to this communication.
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.”
In the opinion of the Tribunal the Applicant has not given all reasonable assistance to it by providing the necessary documentation to support her claim.
The Applicant has not cooperated with the Tribunal in providing it with all reasonable assistance so that it can consider her application, therefore, pursuant to paragraph 10 of the Scheme, no compensation will be paid and no further consideration of this application is required.
No award
*By reason of the foregoing, the Tribunal is of the view that it is not necessary to consider or to make a determination on other matters that arise, including the issue of delay in the submission of this application.
Nora Pat Stewart
Dated: 6 October 2022