Publication
50174 (31 August 2022)
From Criminal Injuries Compensation Scheme
Published on
Last updated on
From Criminal Injuries Compensation Scheme
Published on
Last updated on
Criminal Injuries Compensation Tribunal
Scheme of Compensation for Personal Injuries Criminally Inflicted - General Scheme
Single Member Decision
Application of [ ]
Application number: 50174
Name of applicant: [ ]
Date of incident: [ ]
Date application received: [ ]
Decision: No award.
The Applicant states that he was the victim of a violent crime which occurred on the [ ] at [ ]. [ ] and his brother, [ ], were walking on [ ] Street in the early hours of the morning on their way to collect their sister. They were chased and attacked by a group of men. [ ] went to the assistance of his brother and was subjected to an assault and stabbing. [ ] received stab wounds to his chest and stomach. He was also struck on the head by an second individual, possibly with an implement. The Applicant was conveyed by ambulance to the [ ] Hospital when he was detained and received medical treatment.
The incident was reported to An Garda Siochana shortly after it occurred. The matter was investigated and the perpetrators were identified and prosecuted. The main perpetrator, [ ], was sentenced to [ ] years imprisonment with the final [ ] suspended. [ ] received a [ ] sentence which was fully suspended. The Applicant received payment of [ ] compensation from [ ].
The General Scheme provides that the Tribunal may pay compensation for out-of-pocket expenses in respect of personal injury, where the injury is directly attributable to a crime of violence, subject to the provisions of the scheme. Amounts claimed must be vouched and/or supported by appropriate documentation. The Tribunal is entirely responsible for deciding in any particular case whether compensation is payable under the scheme.
Paragraph 21 of the Scheme (pre-April 2021) 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”. In this case the application was received on the [ ] and was substantially late, being submitted more than three years after the incident occurred.
Paragraph 11 of the Scheme (pre-April 2021) provides 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 it may require, and otherwise”.
The Tribunal wrote to the Applicant on the [ ] requesting necessary documentation in support of the application. The Tribunal requested that the applicant furnish further details of his claim for loss of earnings and his claim for travel expenses. The Tribunal again sought this information by letter of [ ].
The Applicant has not to date submitted the requested information and the Applicant has not communicated with the Tribunal in relation to the matter for many years. The Tribunal more recently wrote to the Applicant on [ ] (it appears the year should correctly recite [ ]) noting the failure to respond to earlier correspondence and requiring a response by [ ] confirming whether the Applicant intended to pursue his application and submitting the necessary documentary evidence supporting a claim for loss of earnings or any out-of-pocket expenses being claimed. The Tribunal noted that if no reply was received by that date, the application would be forwarded to a member for decision.
The application was received on the [ ] and was substantially late, being submitted more than three years after the incident occurred. The application is inadmissible under Paragraph 21.
The Tribunal has not received requested information or documentation from the Applicant supporting any claim under the Scheme. The Applicant has not communicated with the Tribunal for many years. In the circumstances, the Tribunal finds that the Applicant has not given the Tribunal all reasonable assistance as required by Paragraph 11 and has not vouched his claim.
The Application does not meet the requirements of Paragraphs 11 and 21 of the Scheme and the Tribunal therefore makes no award.
Dated the 31st day of August 2022
Cathal Lombard
Tribunal Member