51626 (13 September 2022)

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: #51626

Date of incident: [ ]

Date of application: [ ]

Decision outcome: No award as failure to give assistance under paragraph 10 (previously paragraph 11).

1. Mr. [ ] (‘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 under the Scheme, signed and dated [ ] and submitted by his solicitors dated [ ], the Applicant says that he suffered trauma to the head in a pub at [ ] when he was assaulted by a named person when going to the bathroom. He stated that there was a delay in submitting the application as he was awaiting the Garda report.

3. The application was acknowledged by letter dated [ ]. A Garda Statement report was received dated [ ] indicating that a file was prepared but that there was insufficient evidence to institute a prosecution.

4. The Tribunal wrote to the Applicant by letter dated [ ] enclosing the Garda report and seeking further information and documentary evidence of loss. No response was received to the letter. A further letter was sent dated [ ] asking if the Applicant still wanted to pursue the application and seeking the documents previously sought. No response was received to this letter either.

5. The Scheme provides at paragraph 1 that it applies to situations where:

“the injury is directly attributable to a crime of violence…”

6. I am satisfied that the applicant has established, on the balance of probabilities, that he was a victim of a crime of violence and sustained personal injury which is directly attributable to that crime of violence.

7. However, the Scheme provides at paragraph 10 (previously para. 11) as follows:

“10. 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.”

8. From the foregoing lack of reply to the letters from the Tribunal, I am not satisfied that the applicant has given all reasonable assistance to the Tribunal.

9. The Applicant was the victim of a crime of violence. Accordingly, I admit the application for consideration under the Scheme.

10. However, the Applicant has failed to give all reasonable assistance to the Tribunal. I therefore make no award under paragraph 10 (previously para. 11) of the Scheme.

Roderick Maguire

Member, Criminal Injuries Compensation Tribunal

13 September 2022