Foilsiú
51546 (6 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: 51546
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: No compensation awarded as failure to give the Tribunal all reasonable assistance.
1. Mr. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation under the Scheme, signed and dated [ ], he stated that he was the victim of an unprovoked attack by a number of people when waiting for a taxi at [ ]. He says that he was hit and fell to the ground and was then punched a hit by a number of people before falling unconscious. He believed one person used a baseball bat. He was brought by ambulance to [ ] Hospital where he got 10 stitches to the head and was transferred to [ ] Hospital in [ ] where he had surgery to his right index finger which had been badly damages. Following the assault he had problems with his vision which was blurred at times., especially in the morning. He suffered from ongoing headaches and could not read text messages on his phone. By the time of the application he had had two sessions of physiotherapy on his right finger, but the finger remained greatly swollen and painful and was not fully functional. There was no evidence submitted in relation to loss of earnings. The form indicated that civil proceedings were contemplated. The Tribunal acknowledged the application.
3. The Tribunal wrote to the Solicitors of the Applicant in [ ]. They responded to indicate that they were no longer instructed by the Applicant. By letter dated [ ], the Tribunal wrote to the Applicant asking if he still wished to pursue the matter, and that if he did, to forward the documentation required including original receipts and vouching documentation in regard to his out of pocket expenses arising from his personal injuries. No reply was received to this letter.
4. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
5. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence. Accordingly, I admit the application for consideration under the Scheme.
6. The Scheme provides at paragraph 10 (previously para. 11) as follows:
“10. 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. From the foregoing lack of reply to the letter from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
8. The Applicant has established that he was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
9. The Applicant has not provided all reasonable assistance to the Tribunal in relation to the application. Therefore, I make no award of compensation under the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
6 September 2022