Over K80,000 to be paid in rights case

The National National

A COURT has ordered the State to pay more than K80,000 in damages to four men who had been detained in custody for more than five years while awaiting the completion of their cases.
Justice David Cannings ruled in the National Court at Waigani that the State had breached the men’s human rights including:

  • The right to a court hearing within a reasonable time;
  • the right not to be subjected to harsh or oppressive acts; and,
  • The right to not be unreasonably detained. Roger Nimbitua, Jeffery Wosi, Ronald Wafia, Jacob Wapai and Gilbert Guari were detained for long periods between 2009 and 2016 because of the delay in the conduct of trials, and the delay in the delivery of the verdict.

The fifth, Gilbert Guari, who also applied for damages, was not awarded any because he did not give any evidence during the trial to assess the damages.
Justice Cannings held that the “reasonable time” which criminal cases were expected to be completed was three years after the date of arrest.
He said the five were still awaiting the court’s ruling on their cases, but “justice delayed is justice denied”.
He ordered the State to pay damages, inclusive of reasonable and exemplary, irrespective of the outcome of criminal proceedings to which their application for enforcement of human rights relates to.
He ordered that Nimbitua be paid K18,470, Wosi K21,620, Wafia K20,160, Wapai K21,620.