BY TONY SII
The National Court has ordered the State to pay four individuals a total of K42,400.80 for breach of their human rights by police 10 years ago in Port Moresby.
Justice David Cannnigs handed down the decision on the assessment of damages at the Waigani National Court in favour of Michael Wafi , Efete Max, Petrus Magabe, and Samuel Arawe following a successful trial that determined that the State as the employer of the police officers was liable for the breaches.
The plaintiffs claimed damages for property losses, breach of human rights, personal injuries, and exemplary damages. “The claims were generally excessive due to the lack of corroboration. However, there was sufficient evidence to defeat the State’s proposition that nothing should be awarded, and the court proceeded to make an assessment in respect of each category of damages for each plaintiff,” Justice Cannings said while also ordering the State to the pay the plaintiffs’ cost of the proceedings.
The four were among seven other traders who were subjected to physical assault by police and suffered the destruction and confiscation of their trading items including betelnuts, mustard, cash, cigarettes, playing cards, cigarette lighters, prepaid mobile phone cards, lollies, matches, and umbrellas at Gerehu market in Port Moresby Northwest in 2009.
The members of police who were armed with firearms and bush knives raided the market looking for people who had earlier started a fight in the market, the court said.
In another decision Justice Cannings ordered the State to the pay one Charlie Kogora K32,814 inclusive of interest for breach of his human rights after he was remanded in custody for five days in an overcrowded, and unhygienic police lock-up in Buka, Bougainville, in 2011. The lock-up was an intimidating, inhospitable and threatening environment, that also had convicted prisoners and Mr Kogora was traumatised and genuinely feared for his physical and mental well-being and his life, the Judge said.
As result of a court decision then, Mr Kogora who at that time was a court reporter, was detained pending the hearing of a charge of contempt of court against him.