Jowa v Inova [2002] PGDC 30; DC350 (16 August 2002)

DC350

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 47 OF 2001

BETWEEN

James Jowa
Complainant

V

Constable Kenny Inova
of Mt. Hagen Police Station
First Defendant

The Independant
State of Papua New Guinea
Second Defendant

Mt. Hagen: Appa, P.M
2002: 24th July; 16th August

JUDGMENT

This is a Police assault case. The complainant claimed that on 11th September 2000 he was making enquiries with Mt. Hagen based Traffic Policemen over arrest of his driver and while doing so the first defendant with another Policeman constable John Anskar forcefully arrested him and taken him to Mt. Hagen Police Station (general duty) and further assaulted him by punching him on his nose, face, ears, and kicked him resulting in injuries to both eyes, fracture of nose, laceration to forehead and checks. He was treated at Mariayre Medical Clinic. The medical report was tendered and confirmed the same.

The defendant was served with the process and notice of intention to defend was filled but no one turned up to defend. The case then proceeded ex parte defendants after allowing twelve adjournments.

In the absence of anything to the contrary, I find from the complainant’s case that liability was established. There was no justification for the assault committed on the complainant.

On the question of quantum, complainant has asked for K10,000.00 in compensation (general damages), K3,000.00 in exemplary damage and K500.00 in special damage. Counsel for the complainant had cited some decided comparable cases to assist the court on assessment of damages. In Coady v. MVIT [1985] PNGLR 450 an award of K12,000.00 was made for head and facial injuries. In Nilop v. MVIT [1988-89] PNGLR 635 an award of K8,000.00 was made for general damages where the complainant suffered concussion, lacerations, headaches and stiffness. In both cases, there were no permanent disabilities.

In the present case, doctor’s report indicates that complainant had suffered concussion hematoma of both eyes, bridge nose, forehead and checks which in my view was a little more serious than the two cases referred to above. I would strike a balance and assess at K9,000.00 to be a reasonable compensation. The assault being unjustified and touched on impeachment of constitutional protection given to citizen, I allow K1,000.00 for exemplary damages and K50.00 in special damage (doctor’s report). The complainant also pleaded for 8% interest so same is allowed on the judgment debt and cost of the proceeding followed the event. The 8% interest is to run from date of summons to date of settlement. The judgement debt is to be settled by the second defendant.

Paulus M. Dowa Lawyers: Complainant
Solicitor General: Defendant