Gigimai v Ama [2005] PGDC 33; DC170 (26 July 2005)

DC170

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 1082 OF 2005

BETWEEN

Dangelica Gigimai
Complainant

V

Klen Ama
Defendant

Port Moresby: Bidar, Pm
2005: 26th July

Defamation - Use of words "Bastard" in the presence and hearing of complainant – whether defamatory imputation within the meaning of Defamation Act, (Ch No. 293).

DECISION

26th July 2005.

BIDAR, PM: Complainant filed summons upon complaint against defendant claiming damages for alleged defamatory remarks.

Basically, the defendant now lives with Bill Kua, an army officer at Taurama Barracks. Bill was complainant’s boy friend previously and complainant has a child with him.

Bill Kua has admitted paternity and is willing to support the child

On 20th November 2004 at Taurama Barracks, defendant called complainant’s three weeks old baby "a bastard".

The complainant alleges that the use of that word amounts to defamatory imputations.

According to the defendant she uttered the word or words to that effect in retaliation to what complainant told her, as they exchanged words. It seems there was ill feelings and kind of hatred between the two women, because Bill Kua previously was complainant’s boy friend and had a child with him when defendant walked into Bill Kua’s life and he broke off relations with the complainant.

Defendant says complainant called her, "asshole" "two Kina meri". It was in exchange of these words that, the defendant, called complainant’s baby bastard.

In these circumstances the exchange of words between complainant and defendant did not amount to defamatory imputation, first of all the requirement of publication is not satisfied, and secondly the word "bastard" in the circumstances did not amount to defamatory imputation.

In all the circumstances, Court is not satisfied on the balance of probabilities that defendant is liable. Court finds defendant not liable. In the result the proceedings are dismissed. Both parties pay their own cost

In Person: Complainant
In Person: Defendant

Rules accordingly.