Foilsiú
51631 (26 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: 51631
Date of incident: [ ]
Date of application: Undated. Responded to by the Tribunal dated [ ]
Decision/outcome: No award as failure to provide reasonable assistance under paragraph 10 (previously para. 11) of the Scheme.
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, undated but acknowledged by letter dated [ ], the Applicant submitted his Garda statement which says that was assaulted by a number of men having spent the day socializing and drinking. He ran to a Garda and was brought by ambulance to [ ] Hospital. He suffered two broken legs because of knife wounds and injuries to his elbow and the ligaments on his left hand were cut. He didn’t know why the people involved would want to assault him. He indicated that he did not know of his right to claim compensation until [ ]. He instructed his solicitor on [ ]. The Garda report only came to hand just before the application was submitted.
3. He was absent from work from [ ] to [ ]. His net weekly pay was €574.80 at this time.
4. The Application was acknowledged by letter dated [ ].
5. A Garda report was received dated [ ] corroborating the Applicant’s statement and stating that a Garda saw the incident and that two individuals were prosecuted and sentenced to [ ] years each for the assault.
6. The Tribunal wrote to the Applicant by letter dated [ ] enclosing the Garda report and seeking further information and documentary evidence of loss. A response was received form the solicitors for the Applicant stating that he had lost €15,264 including loss of earnings and other expenses. A letter from the solicitors for the applicant dated [ ] that the Applicant was awarded €[ ] by the perpetrators, and this was confirmed by letter dated [ ].
7. As a result of the injuries suffered, it was indicated by the employer of the Applicant in a letter received [ ], that the Applicant had lost his position as a manager and could only be given part-time work. No application was made in relation to the losses caused by this, which would have to be supported by an actuarial report.
8. By letter dated [ ], the Tribunal wrote to the solicitors for the Applicant seeking a statement of all social welfare payments made to the Applicant and a quantification of the Applicant’s loss of income. No response was received to the letter. A further letter was sent by the Tribunal dated [ ] asking if the Applicant wished to pursue the matter, and if so to forward requested information and documentation. No response was received to this letter either.
9. The Scheme provides at paragraph 1 that it applies to situations where:
“the injury is directly attributable to a crime of violence…”
10. 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.
11. However, 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.”
12. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.
13. The Applicant was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.
14. However, the Applicant has failed to give all reasonable assistance to the Tribunal. I therefore make no award under paragraph 10 (previously para. 11) of the Scheme.
Roderick Maguire
Member, Criminal Injuries Compensation Tribunal
26 September 2022