Publication
54966 (5 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: 54966
Date of incident: [ ]
Date of application: [ ]
Decision outcome: This application is refused under Paragraphs 22 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. On the [ ], the applicant and two of his friends were allegedly assaulted outside [ ] by (an individual identified in the Garda Report as being) [ ] (“offender”).
3. The incident was reported to a passing Garda. Unfortunately, it appears that the applicant who was able to initially identify the offender to the Gardai subsequently failed to provide a written statement of complaint to the Gardai. No criminal proceedings were pursued against the alleged offender.
4. The applicant was relayed to [ ] Hospital by ambulance. The applicant was found to have sustained a fracture of his zygomatic bone, extensive bruising and nasal trauma. He had surgery under general anaesthetic to repair the fracture on the [ ].
5. The applicant also required root canal treatment in respect of his upper right incisor.
6. The applicant, who is an [ ] with [ ] was unable to work as a plumber for a period of [ ] weeks. He was able to work for four weeks and assist a local [ ] driving a [ ]. In total, he sustained four weeks loss of earnings in the total sum of €880. The applicant also incurred €300 in respect of dental treatment. Hospital charges amounted to €80. Prescription charges amounted to €20.46. The applicant also needed to attend [ ] Hospital for follow up treatment and is seeking the travel expenses incurred in respect of these trips.
7. The applicant who initially reported the incident to the Gardai subsequently failed to provide a statement of complaint to the Gardai. The Tribunal also notes that the applicant has failed to identify the offender in his written application, despite the fact that the Gardai have advised that the alleged offender was known to the applicant. Paragraph 22 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 without delay to the Gardaí or to the Garda Síochána Ombudsman Commission (GSOC) in any case where the crime is alleged to have been carried out by a member of An Garda Síochána. However, the Tribunal will have discretion to dispense with this requirement where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána or the GSOC as the case may be, of the offence and to cooperate with them” [emphasis added].
8. The applicant has failed to cooperate fully with the Gardai and provide a statement of compliant to the Gardai. In circumstances where a statement of complaint is not made by an applicant, it is virtually impossible for the Gardai to continue their investigations or to charge an identified offender. This non-cooperation is generally fatal to an application, unless for example an applicant is genuinely fearful of repercussions from a criminal gang or being placed in some similar precarious predicament. The applicant was provided with an opportunity to comment on the Garda Report and chose not to make any comment. There is no evidence provided by the applicant to suggest why he did not provide a statement of complaint to the Gardai.
9. Unfortunately, and for reasons unknown to the Tribunal, the applicant has failed to report or make reasonable efforts to provide a statement of complaint to the Gardai. The Tribunal finds that the applicant has not co-operated with the Gardai. Regretfully and in such circumstances, the Tribunal must refuse this application.
David Culleton
Criminal Injuries Compensation Tribunal
5 August 2023