50692 (13 May 2022)
- Published on: 13 May 2022
- Last updated on: 7 October 2022
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: 50692
Date of incident: [ ]
Date received: [ ]
Decision: No award.
Facts
1. The applicant states in his application form that he was assaulted on [ ] outside a public house in [ ]. He was treated at [ ] Hospital where he received stitches and staples. The Gardai carried out an investigation and identified suspects however no prosecution was taken. The applicant has 10 previous convictions, two of which are for assault matters under the Non Fatal Offences Against the Person Act 1997.
Delay
2. The application was received by the tribunal on [ ], some ten months after the incident. The applicant stated in his form that he only found out about the Scheme when a person on the Garda Confidential Line informed him about it. The applicant made contact with the tribunal in [ ] and requested an application form. The form is signed and dated [ ] however it was not received by the tribunal until [ ].
Engagement with the tribunal
3. The applicant has not been in contact with the tribunal since he sent in the application form. The tribunal wrote to the applicant about various matters on [ ], [ ] and [ ]. The applicant did not reply to any of those letters.
4. Paragraph 11 of the Scheme provides that "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 and otherwise."
Decision
5. I am not satisfied that the circumstances in this matter justify exceptional treatment such as to extend the time limit. The applicant made contact with the tribunal in [ ] and his application was not received until [ ]. Further, I am of the opinion that all reasonable assistance has not been provided. The applicant has not responded to correspondence sent by the tribunal. It is for the applicant to establish his case and that has not been done. I make no award.
Signed: Elizabeth Davey
Date: 13 May 2022