K350,000 payout in brutality case

The National Main Stories

By Alphonse Porau
THE Waigani National Court has ordered the State to pay K355,000, plus interest, to six victims of police brutality.
Justice David Cannings, at the Waigani National Court, ordered the State to pay Ekip Pade K280,000 and K15,000 each to Bras Dos, Boni Kerowa, James Walua, Pora Mex and Michael Nema.
With the interest added, Pade, who lost a leg as a result of the assault, will get K314,000 and the others K16,824 each.
Pade was shot in the leg and denied medical attention for a few days which led to a life-threating infection and amputation.
Cannings also ordered the dismissal of the proceedings against the first, second and third defendants (Constable Albert Nangas, Inspector Ben Kua and Police Commissioner Gari Baki).
He said a default judgement entered on Feb 8, 2016, was only to the extent to which it ordered against the third defender (Baki) to be set aside.
Cannings said liability for human rights breaches had been established by default judgment against the defendants and the State to pay for the damages.
“Though the statement of claims was vague, poorly drafted and did not properly plead vicarious liability, the facts and causes of actions are nonetheless clear.” Cannings said.
He told the court that subject to any particular cost order to the contrary, the parties would bear their own costs for the proceedings.
The court held that:

  • Pade was award K200,000 for general damages;.
  • he was award K30,000 and the five were awarded K10,000 each for breaches of human rights; and,
  • Pade was awarded K50,000 while the others were award K5,000 each for exemplary breaches.

The court said Pade be awarded a total damage of K280,000, plus interest of K34,000, and the other five K15,000 each plus interest of K1824 each.
The court did not award anything on housing, future medical costs, past and future care, economic loss and special damages as sought by the first plaintiff because it was inadequately pleaded and there was
a dearth of evidence to support them.
It also did not award anything extra for assault and false imprisonment and malicious prosecution as claims sought by the other plaintiffs because it was also inadequately pleaded and there was not enough evidence.
The court heard that on Dec 27, 2011, police raided an urban settlement occupied by the plaintiffs, apparently searching for suspects implicated in the death of a police officer.
The court heard that the first plaintiff (Pade) was shot in the leg, apprehended and taken to a nearby police lockup where he was detained for four days without charge and without medical treatment.
He was taken to the hospital on his release from custody and his leg was amputated due to the life-threatening nature of the injury.
The court heard that the other five were apprehended at the same time and were assaulted and taken to same police lock-up.
They were further assaulted in the lockup and denied medical treatment for several days before being charged with murder.
The court heard that they spent four months in remand before being dismissed for want of prosecution.