Man shot by cop awarded K210,000

By DOROTHY MARK
A man who had his right leg amputed after police shot him in 2009 was awarded K210,000 in damages from the State.
Judge David Cannings in the Madang court on Friday ordered the State, being the second defendant, to pay the sum to the plaintiff Michael Yamali.
Yamali, from Manjuat village in Angoram, East Sepik, was a casual employee at James Barnes Ltd that loaded and unloaded Globe products.
On March 4, 2009 he and another colleague, accused of a crime, surrendered to the late Constable Mathew Anseni and were beaten and searched.
Anseni later took them to a secluded location where he without any excuse shot Yamali from about three metres, according to the court.
Yamali called Anseni by name and cried but Anseni ignored his plea. He was later taken to Modilon Hospital where he recovered but was never formally arrested or charged for the crime he was accused of.
His other colleague was charged.
Cannings said Yamali’s freedom from inhuman treatment was breached when he was taken to a secluded place and shot despite his plea and his constitutional right to have protection of the law.
The court said Yamali’s  constitutional rights were breached and he was not afforded any lawful legal protection before and after he was detained.
He said Yamali’s rights to liberty was breached when he was not informed of the reasons for his apprehension and of any charge against him.
As a result of the shooting, Yamali had his right leg amputated and now had a permanent structural loss of his right lower limb. Cannings said Yamali could not fulfil his obligation as a father to his children and husband to his wife.
He said Yamali would also ask for a nursing fee for his wife who had cared for him at the hospital for several months and a cost for a proplastic leg and a knee joint.
The court awarded K175,000 general damages, K25,000 exemplary damages and K10,000 compensation for breach of human rights.