Publication
23655 (6 August 2023)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
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: 23655
Date of incident: [ ]
Date of application: [ ]
Decision/outcome: Application refused under Paragraph 23 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’). The Applicant has submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant states that at approximately 1am on the morning on [ ] he was walking from a pub in [ ] towards [ ] Cabs to arrange for a lift home. The Applicant states that he was assaulted from behind without warning by approximately 6-8 youths who knocked him to the ground and kicked him in the head and face several times. The Applicant states that he did not see or recognise his assailants. The Applicant states that he received injuries to his nose and mouth and bruising to his face.
3. The Applicant called Gardaí who arrived at the scene shortly thereafter. The Tribunal has been furnished with a report from Superintendent [ ], dated [ ], which states that upon arrival at the scene Garda [ ] and Garda [ ] found the Applicant bleeding from the face. They found the Applicant to be extremely drunk and abusive to Gardaí. Garda [ ] attempted to question the Applicant and people in the area to get a description of the Applicant’s assailants but it is alleged that the Applicant became abusive again and stated that the Gardaí should be looking for his assailants rather than talking to him. The Gardaí did not get a description of the assailants and the Applicant’s companions appear to have taken him home without the Gardaí being given the Applicant’s name or address. Garda [ ] attempted to contact the Applicant again after the incident (to see if he was the man who was the victim of the assault) to no avail. The Applicant has not made a formal complaint nor made a statement since the date of the incident.
4. The Applicant now claims for unspecified loss of earnings (per his application form) and dental expenses.
5. The Tribunal wrote to the Applicant’s solicitors on [ ] enclosing the report from Superintendent [ ] and drawing their attention to Paragraph 23 of the Scheme. There has been no further communication from either the Applicant, or his solicitors since that date. The Tribunal wrote to the Applicant’s solicitors on [ ] stating that if no response was received from the Applicant by [ ] the Applicant’s application would be sent for a decision by a Tribunal Member. No response was received by the Tribunal.
6. Paragraph 23 of the Scheme states:
‘To qualify for compensation it will be necessary to indicate to the Tribunal that the offence giving rise to injury has been the subject of criminal proceedings or that it was reported to the Gardai without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them.’ (Emphasis added)
7. In the instant case the Applicant did not cooperate with Gardaí when they arrived at the scene. Neither the Applicant nor his companions appear to have given Gardaí the Applicant’s name so as to allow Gardaí to follow up with the Applicant and/or progress an investigation. The Applicant did not attend [ ] Garda Station to make a formal complaint and/or make a statement, despite knowing that this was there the investigating Gardaí were stationed. Ultimately, every Applicant who wishes to recover under the Scheme must take some personal responsibility in cooperating with Gardaí, even if it transpires that an investigation is ultimately unsuccessful. This was not the case here.
8. The Tribunal therefore finds, for the reasons set out above, that the Applicant has failed to cooperate with Gardaí as required by Paragraph 23 of the Scheme and therefore refused the Applicant’s application for compensation.
9. N/A.
10. N/A.
11. N/A.
12. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
6 August 2023