Publication
23575 (2 October 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: 23575
Date of incident: [ ]
Date of application: [ ]
Decision outcome: No award
1. [ ] (‘the applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. On the [ ] in [ ] on [ ], the applicant and his friend intervened in an argument between [ ] and [ ] (‘the offenders’) who were verbally abusing a security guard. Unfortunately, the applicant was assaulted by the offenders and he sustained a laceration to his lower back together with cuts and bruising to his face.
3. The applicant received treatment in [ ] Hospital.
4. The matter was investigated by [ ] Garda Station. The offenders were charged with assault, but both left the jurisdiction before they could be prosecuted.
5. The applicant sustained out of pocket expenses of €105.70. Unfortunately, he has not produced any documentation to vouch any such losses.
6. This application was submitted to the Tribunal over four months after the date of the incident. Paragraph 21 of the (pre-April 2021) Scheme states that “Applications should be made as soon as possible but, except in circumstances determined by the Tribunal to justify exceptional treatment, not later than three months after the event giving rise to the injury”. The applicant advised the Tribunal that he was waiting on documentation from the Gardai and from [ ] before he was able to complete the application.
7. Paragraph 11 of the (pre-April 2021) 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” [emphasis added]. Therefore, the duty under paragraph 11 extends to providing the Tribunal with vouchers and documentary proof of any losses claimed together with all reasonable assistance required to enable the Tribunal to progress and conclude the claim.
8. The Tribunal wrote to the applicant on the [ ] and requested details of any out-of-pocket expenses. The Tribunal wrote again to the applicant on the [ ] and invited the applicant to provide vouching documentation in respect of his claim. The Tribunal advised the applicant that the file would be forwarded to a Member of the Tribunal for a decision if no response was received by the applicant by [ ]. No response was received from the applicant to this correspondence.
9. The applicant has not corresponded with the Tribunal for almost twenty-one and a half years.
10. The Tribunal has no doubt that the applicant was the victim of a vicious and unprovoked assault while bravely trying to diffuse a situation between the offenders and a security guard in [ ]. Unfortunately, it is not within the remit of the Tribunal to award compensation for pain and suffering. If the Tribunal had the power to award such damages, the applicant would be a most and wholly deserving candidate.
11. Unfortunately, the applicant has failed to sufficiently vouch and prove that he incurred the losses alleged. Further, there has been no contact from or on behalf of the applicant for almost twenty-one and a half years. Regrettably, The Tribunal has no option but to find that the applicant has failed to provide all reasonable assistance with a view towards progressing and finalising his claim. In such circumstances, paragraphs 11 of the Scheme will apply. For the forgoing reasons, the Tribunal declines to make an award in this matter.
12. In circumstances where the applicant has not vouched his losses and contravened paragraph 11, it is not necessary for the Tribunal to make any further determinations on any other provisions of the Scheme that might apply to this matter.
David Culleton
Member of the Criminal Injuries Compensation Tribunal
2 October 2023