Tai v State [2002] PGDC 28; DC413 (18 July 2002)

DC413

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 57 OF 2001

BETWEEN

Revi Tai
Plaintiff

V

The Independent State of PNG
Defendant

Mt. Hagen: Appa, P.M.
2002: 17th, 18th July

Judgment

This is a Police assault case. The complainant claims that on 12th May 2000 certain Policemen and Policewomen based at Mt. Hagen took the complainant and his PMV bus driver in their Police car, Toyota land cruiser 10 seater Reg. No. HAG – 221 to Mt. Hagen Police Station where they were interrogated and later punched, kicked and tore off their clothes and were left almost naked. The complainant was seriously injured and was taken to Mt. Hagen General Hospital for treatment. The Hospital revealed the following injuries;-

(a) Haematoma of face

(b) Swollen mandible jaw

(c) Swollen lips, nose

(d) Bleeding from nose and bilateral ears.

(e) Laceration upper and lower lips

(f) Bruised bilateral sides of neck.

The complainant said there was no justification for the assault and he therefore sued the state for damages/injuries caused to him by its agent/servants as they were on duties.

Since the issuance (on 3rd April 2001) and service of summons on 10th May 2001 there had been no appearance for the State so the case proceeded ex parte. A follow up letter was written to the Clerk of Court by Mr. Ovia on the 18th March 2002 but nothing else eventuated.

The complainant had relied on his own affidavit sworn on 25th March, 2002 and filed on same date and those of his two witnesses, namely John Pikip (the PMV driver) and Wes Pawa who had witnessed the ordeal. Their evidence was corroborative and in support of the complaint.

In the absence of any defence to the contrary, I am satisfied the actions of the policemen complained of were unconstitutional and therefore oppressive and injustified.

The evidence covered both on liability and assessment, I used the same on both issues.

The complainant asked for a global award of K9,500.00 to cover for pain and suffering, legal cost and special damages. Since pain and suffering cannot adequately be measured in monetary value, not even gold can buy off pain, I allow for the same. This is also due to the fact that no mitigating factors were show

I enter judgment for the complainant for a global sum of K9,500.00 plus 8% interest to start from date of summons to date of settlement and cost of the proceeding. The judgment debt is to be settled by the State.

Messrs Simon Norum & Co. Lawyers: Plaintiff
The Solicitor General: Defendant