Publication
51477 (12 August 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: 51477
Date of incident: [ ]
Date of application: [ ]
Decision outcome: The application is refused pursuant to paragraph 11.
1. [ ] (‘the Applicant’) has made a claim for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (‘the Scheme’).
2. In his application for compensation, submitted on the [ ], the Applicant said that on the [ ], he was injured by an unknown offender at [ ]. He said that his face was cut with a stanley knife, from under his nose to under his ear. There was another scar under his eye to his ear.
3. There is a Garda report on file dated the [ ], which states that the Applicant sustained two slash wounds to his face. The injured party refused to identify any suspect and stated he did not wish to have the matter investigated. The Applicant has a number of convictions for minor public order offences and one drunken driving offence. Garda [ ] said that ‘I find the injured party not very forthcoming with details and I believe he is not being truthful when he states he could not identify a suspect’.
4. There are no vouched expenses on file.
5. The Applicant’s application was brought within the required three-month timeframe for bringing applications and, therefore, the claim is admitted under the scheme.
6. The Applicant claims to have been the victim of crime of violence on [ ]. The Applicant reported the matter to the Gardaí but was not forthcoming in relation to who the offender was.
7. It is accepted on the balance of probabilities that he was the victim of a crime of violence.
8. The Applicant has not provided the Tribunal with any out-of-pocket vouched expenses.
9. A letter was sent to [ ] Co, Solicitors on the [ ], asking if the Applicant wished to continue his claim and seeking further information and documentation in relation to out-of-pocket expenses. No response was received.
10. 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’.
11. The Applicant, in this case, has, unfortunately, not provided reasonable assistance to the Tribunal in terms of following up with the Tribunal. There is no information since [ ], in relation to the Applicant’s claim. The Applicant failed to respond to the Tribunal’s letter of the [ ]. There is no evidence of out-of-pocket vouched expenses. In the circumstances, where the Applicant has not provided all reasonable assistance to the Tribunal, the Tribunal finds that no compensation is allowable in relation to this case.
Majella Twomey
Criminal Injuries Compensation Tribunal
12 August 2022