The National, Thursday 05th July, 2012
A BUSINESSMAN has had his claim for damages drastically reduced because he failed to provide ample evidence to support his case.
Bolisa Figa had sought K48,500 in damages after being assaulted by police in June 2007.
Madang resident judge Justice David Cannings awarded him only K15,444.
Cannings said “the plaintiff claims that he lost two contracts for his PMV trucks because of his medical condition but the claim has been very vaguely pleaded and the evidence is not strong. I award nothing for this head of damage”.
Figa took former Usino-Bundi district administrator Willie Agong and four policemen to court for the assault, negligence and damages for loss of business income.
Cannings awarded K11,000 for special and general damages with an added 8% interest per annum.
The court heard that in June 2007 at the Kawawar market, Figa had assaulted Agong for “being a public nuisance while under liquor”.
When went to the Walium police station to sort out the matter Agong and four policemen beat Figa up.
Figa suffered injuries and took the matter to court.
Cannings found that there was sufficient evidence as to the injuries he received and awarded K10,000 as compensation.
He also awarded K1,000 as Figa’s “out of pocket” expenses while seeking medical attention.