Koi v Wesley [2001] PGDC 45; DC412 (27 November 2001)

DC412

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 79 OF 2001

BETWEEN

Reckson Koi
Complainant

V

Takale Wesley
First Defendant

The State
Second Defendant

Mt. Hagen: Appa, P.M.
2001: 23rd October; 27th November

JUDGMENT (ASSESSMENT ON DAMAGES)

Police assault case – assault on student – unjustified assault – causing hearing problem – judgment by default – damages assessed.

Counsel
K. Sino for the Plaintiff
B. Ovia for the State.

27th November, 2001

APPA, Principal Magistrate. This is a police assault case. Complainant is a high school student at Kombolopa in the Baiyer River District. He said he attended Mt. Hagen show on the 22nd August 2001 and was waiting in Hagen town to catch a PMV to go back to the school when confronted by duty Policemen travelling in a Police car, a Toyota Land Cruiser Reg. NO. ZGV-218. He said the first defendant began punching him all over him and other Policeman also took part in the assault for no apparent reasons. As the result of the assault complainant received injuries and was treated at Mt. Hagen Hospital. Doctor described the injuries as –

(a) Bleeding from both ears.

(b) 2 movable front teeth.

(c) Torn upper lips

(d) Unable to open mouth 2-3 days.

(e) General body pain.

The complainant said injuries (b-e) have improved except (a). He is having hearing problem now from both ears and he needs to go to Port Moresby to see specialist Doctor. Medical report confirmed this.

The defendant filed no defence after the process was duly served. There was default judgment entered on 3rd July 2001 and on 23rd October 2001 Mr. Ovia of Mt. Hagen office appeared for the defendant and undertook to file written submission for assessment of damage but that’s yet to be done. Complainant’s lawyer had filed his submission on 22.10.2001.

On quantum, complainant claims a total of K10,112.00 including general (K10,000.00) and special (K112.00) damages. This is subject to complainant’s supplementary submission made on quantum. This is based on latest medical report on complainant’s injured ear drum. The complainant waived the excess of K112.00 and claims only K10,000.00 to cover both general and special damages.

In the absence of any mitigating factors, I am of the view that the amount asked for is not unreasonable under the given circumstances of the case.

I enter judgment for the complainant for a sum of K10,000.00 plus 8% interest to run from date of summons to date of settlement and costs of the proceeding.

Kunai & Co. Lawyers: Plaintiff
Solicitor General: Defendant