53487 (16 March 2023)

Scheme of Compensation for Personal Injuries Criminally Inflicted

Decision of one member of the Tribunal pursuant to section 25 of the Scheme

Applicant: [ ]

Date of incident: [ ]

Date of application: [ ]

Case reference: 53487

Decision: Pursuant to Paragraph 23 of the Scheme, no award of compensation will be made.

1. [ ] (“the applicant”) has made a claim to the Criminal Injuries Compensation Tribunal (“the Tribunal”) for compensation under the Scheme of Compensation for Personal Injuries Criminally Inflicted (“the Scheme”).
2. The application form was signed by the applicant on [ ].
3. The application form was stamped as received by the Tribunal on [ ].
4. In his application, the applicant stated that he was injured on [ ] an unprovoked attack by unknown persons on [ ].
5. As a result of this incident, the applicant suffered a cut to the back of his head which required [ ] staples. The applicant attended [ ] Hospital, [ ] and thereafter his GP.
6. The Tribunal has had the benefit of a Garda Report by Garda [ ] which states that while on [ ] patrol, Gardai observed a group of men, and one was assaulting another man. The Garda Report states that Gardai attempted to pursue the person who was assaulting the applicant but could not capture him. The applicant was taken to hospital having “refused to make a complaint at the scene.” The Garda Report states that the applicant “stated that he was attacked from behind and he did not know his assailant or any reason for the attack…He refused to make a complaint and make a statement to this effect. [ ] was uncooperative with Gardai.”
7. By letter dated [ ], the secretariat of the Tribunal wrote to the applicant’s legal representative enclosing a copy of the Garda Report. The applicant’s legal representative was alerted to the statement in the Garda Report that the applicant had refused to make a statement of complaint and that he was uncooperative with Gardai. The applicant’s legal representative was alerted to Paragraph 23 of the Scheme which requires applicants to the Tribunal to co-operate with Gardai.
8. On [ ], the secretariat of the Tribunal wrote to the legal representative of the applicant asking whether the applicant intended to proceed with the application and provide any vouching documentation to support the application for compensation. The applicant’s legal representative was informed that if no reply was received to the letter then the application would be forwarded to a member of the Tribunal for decision.
9. No reply to this letter was received.

10. Paragraph 23 of the Scheme in place at the time of the applicant’s application to the Tribunal provides: “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 to the Gardai without delay. However, the Tribunal will have discretion to dispense with this requirement in the case of injuries resulting from offences committed before the commencement of the Scheme, and in other cases where they are satisfied that all reasonable efforts were made by or on behalf of the claimant to notify the Garda Síochána of the offence and to cooperate with them.”

11. In his application form, the applicant stated: “The Garda Statement says that I was uncooperative when in actual fact I simply did not know who attacked me. I think it was a case of misidentification on the part of the person who attacked me.”

12. There is no evidence in the Garda Report to suggest that the applicant informed Gardai of this belief. The Garda Report states that the applicant did not co-operate with their investigation into the circumstances of the assault and his injuries.

13. The Tribunal determines that the provisions of Paragraph 23 must apply, and the application refused.

Peter Stafford BL

Member, Criminal Injuries Compensation Tribunal

16 March 2023