Publication
52616 (9 October 2022)
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: 52616
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused under paragraph 11 of the Scheme.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In her application for compensation, submitted under the original Scheme, it was stated that the Applicant was in [ ], on the night in question, where she suffered an unprovoked attack from three people who pulled her to the ground and kicked her. There is a medical report on file from Dr [ ], which states that [ ] was used to cause a laceration under the Applicant’s left eye.
3. The Applicant states that a Garda arrived at the scene, and she later reported the matter to the Garda [ ] at [ ] Garda Station.
4. The Applicant’s Solicitor, [ ] submitted an invoice from [ ] Hospital in the sum of €225.
5. The Applicant brought this application within three months of the alleged crime and is therefore within the time limit for bringing such a claim.
6. The Applicant claims to have been the victim of crime on the [ ].
7. In circumstances where the Applicant reported the incident to the Gardaí, it is accepted, on the balance of probabilities, that the Applicant was the victim of a crime. It is also noted that the Applicant had to be treated in hospital following the attack.
8. The Applicant has provided an invoice in the sum of €225 for [ ].
9. The Tribunal wrote to the Applicant’s Solicitors on the [ ] asking if it was the Applicant’s intention to continue her claim. The Applicant’s Solicitor responded on the [ ] asking for time to review the file. The Tribunal replied on the [ ], acknowledging the request for an extension of time.
10. Another email was sent to the Applicant’s Solicitor on the [ ], stating that it was noted that the Applicant had brought Civil proceedings and requesting that any compensation be disclosed.
11. Further correspondence was sent to the Applicant’s Solicitor on the [ ], asking for an update on out-of-pocket expenses and requesting if Garda investigations/ Court proceedings had concluded.
12. On the [ ], the Tribunal sent another email to the Applicant’s Solicitors stating that no reply had been received to previous correspondence and stating that the matter would be sent to a Tribunal Member if no further communication was received by the [ ]. No response was received in this respect.
13. The Applicant has failed to provide the Tribunal with any update in relation to the queries raised in correspondence.
14. Paragraph 11 of the original scheme states 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 that it may require, and otherwise’.
15. The Applicant, in this case, has, unfortunately, not provided any reasonable assistance to the Tribunal in terms of updating the Tribunal in relation to the Civil case and whether or not Garda investigations/ Court proceedings had concluded, despite the Tribunal’s queries. In the circumstances, the Tribunal finds that no compensation is allowable in this case.
16. Based on the failure on the part of the Applicant to provide reasonable assistance to the Tribunal, the Tribunal cannot award compensation in this case.
Majella Twomey
Criminal Injuries Compensation Tribunal
9 October 2022