Publication
50198 (28 February 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: 50198
Date of incident: [ ]
Date of application: [ ]
Decision outcome: Application refused under Paragraph 12 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 submitted a completed application form in respect of his claim which was received by the Tribunal on [ ].
2. The Applicant states that he was on a night out with [ ] in [ ] on the night of [ ]. The Applicant met [ ] in [ ] before proceeding to the [ ] public house, arriving at approximately 1.45am. The Applicant states that [ ] became involved in a minor altercation at the bar and the Applicant and [ ] intervened to try and avoid a confrontation. The Applicant states that a fight broke out and he received several punches all over his body. The bar’s bouncers stepped in quickly and the Applicant’s assailants were ejected from the premises. The Applicant subsequently noticed that he was bleeding from his back and began feeling unwell.
3. The Applicant attended the A&E Department at the [ ] Hospital where he was informed that he had five stab wounds to his back. The Applicant’s wounds were stitched up that night but the Applicant subsequently underwent an operation where his chest cavity was opened to look for a blood clot. The Applicant remained in hospital as an inpatient until [ ].
4. Upon release from hospital the Applicant reported the incident to Garda [ ] of [ ] Garda Station on [ ] after initially approaching Gardaí stationed at [ ] upon his release from hospital. The Tribunal was subsequently furnished with papers from Gardaí on [ ] which state that no criminal proceedings had been brought.
5. The Tribunal wrote to the Applicant’s solicitor on [ ] furnishing the Garda report and requesting that the Tribunal be informed of the outcome of any criminal proceedings before the application was dealt with by the Tribunal.
6. The Tribunal wrote to the Applicant on [ ] enquiring whether the Applicant wished to proceed with his application for compensation and repeating its request for vouching documentation in respect of the Applicant’s out of pocket expenses arising from his personal injuries.
7. By letter dated [ ] the Applicant’s solicitor wrote to the Tribunal stating that they had long since closed the Applicant’s file. The Tribunal wrote to the Applicant at his last known address on [ ] asking whether the Applicant wished to proceed with his application. No response was received by the Tribunal to this correspondence and the file was accordingly sent for decision.
8. Paragraph 12 of the Scheme provides:
‘No compensation will be payable to an applicant who has not, in the opinion of the Tribunal, given the Tribunal all reasonable assistance...’
9. The application form, signed by the Applicant, confirmed his acceptance, under Part 10, that he would provide all reasonable assistance to the Tribunal. In the Tribunal’s view, such an acceptance would clearly include an acceptance by the Applicant of any reasonable time limits which the Tribunal requested for the provision of information in relation to the claim.
10. The Applicant has failed to respond to repeated requests for information from the Tribunal to enable the progression of his claim for compensation.
11. The Tribunal is satisfied, on the basis of the above, that the Applicant has failed to comply with the duty imposed upon him pursuant to paragraph 12 of the Scheme and that, as a result, no compensation should be paid in respect of this application.
12. N/A.
13. N/A.
14. N/A.
15. Nil.
Marc Murphy
Criminal Injuries Compensation Tribunal
28 February 2023