Court to assess damages suffered by evicted Waikiki settlers

By MELYNE BAROI
A COURT will be assessing the damages done to a private property by police during an unlawful eviction exercise at Waikiki settlement in Nine-Mile, National Capital District, in 2010.
Waigani National Court Judge David Cannings made this decision after finding that a court order had been misinterpreted by the police supervisor Constable Andrew Kumbia and the State.
“There was a misinterpretation of the National Court Order made on Oct 12, 2010, which led to the heavy-handed eviction exercise,” he said.
“The eviction was not authorised by the National Court and the plaintiffs were not given reasonable notice to vacate the land.”
It was noted that on July 31, 2009, an order was made for occupants of the settlement to vacate the land within two weeks however they were not served the orders until Oct 7, where the time of eviction had already lapsed, so that decision was set aside.
Another order was made on Oct 12, 2010, to reinstate the order of July 31, 2009, giving effect to the eviction after the following two weeks starting on Oct 13, 2010.
This meant the occupants were given until Dec 13, to vacate the land
However, police went in ahead of time and started evictions on Nov 29.
The plaintiffs were West Papuans, Solomon Mofu and 82 other people who came into the country in 1982 and established the Waikiki settlement.
In the 1990s, the land was converted to government land.
State leases were issued for potion 2152 and 2153.
The registered proprietor was the then member for Maprik Sir Pita Lus.
Mofu and others lost their houses, canteens and gardens in the three-day eviction exercise.
Judge Cannings said that the orders made on Oct 12, 2010, were ambiguous and vague in meaning.