Court defers case in which State is challenging K3.5mil ruling

The National National

By TREVOR WAHUNE
THE Supreme Court in Waigani has adjourned the case of an appeal filed by the State.
The state is appealing a National Court decision awarding K3.5 million in damages to victims of a police raid in Madang in 2012.
The judgment was handed down by human rights judge David Cannings on Feb 9 this year in Madang.
The applicants in the matter were the State, police Commissioner Gari Baki, former provincial police commander Anthony Wagambie Jr, and the then Madang provincial administrator Benard Lange.
Judge Ellenas Batari, sitting as single Supreme Court judge on Monday, directed that State through a lawyer from Office of the Solicitor-General, file an application.
This was after he heard that the State was appealing the matter with fresh evidence.
The fresh evidence appealed by the State raised issues stating that there was no police raid on April 21 and 22 of 2012.
Justice Batari, said an objection to competency of the appeal by Peter Gaian and Wesley Don, on behalf of Bagildig and Sildig villages in Sumkar district in Madang, would be
heard before State submited its evidence.
Justice Batari said if Gaian and Don’s objections to competencies were successful then there would be no need to consider the State’s submissions.
Gaian and Don had sued the applicants, (various members of the of the Police Force, Madang provincial administrator and the State) in connection with raids of two villages alleged to be harbouring suspects implicated in a crime that had been committed nearby.
The causes of action pleaded in the statement of claim were breaches of human rights and the torts of trespass, assault, battery and negligence.
Default judgment was entered against all defendants.
At the trial on assessment of damages, 87 plaintiffs gave evidence and sought damages for themselves and their family members, being 123 adults and 132 children.
Damages were sought in four categories:

  • General damages for pain and suffering, distress, etc;
  • Property losses;
  • Breach of human rights; and
  • Exemplary damages

Damages were awarded to each plaintiff who gave evidence in the following amounts:

  • General damages for pain and suffering, distress etc, K20,000 each, totaling K1.74 million;
  • Property losses, each claim was discounted by 80 per cent to arrive at an appropriate assessment, totaling K739,290;
  • Breach of human rights, K5000 each totaling K435,000;
  • Exemplary damages K5000.00 each, totaling K435,000.00.

This added up to K3, 349,290.
In addition, each plaintiff was awarded interest on the amount of damages awarded, totaling K167.464.50.
The total judgment sum was K3,349,290 in damages plus K167,464.50, for a total K3, 516,754.50.