Diya v Sendel [2008] PGDC 4; DC667 (16 January 2008)

DC667

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE
SITTING IN ITS GRADE FIVE CIVIL JURISDICTION]

GFCi 367 Of 2007

BETWEEN

SIMON DIYA
Complainant

AND

ANTON SENDEL
First Defendant

AND

MANAGER – MURUMBU SHOPING CENTRE
2nd Defendant

AND

PABESON MINI TRADING LTD
3rd Defendant

Mendi: R Appa, PM
2008: 10, 16 January

CIVIL - Claim of K10,000.00 as demand of compensation for damages done to a little girl.

Case Cited:
No cases cited.

Counsel
For the Complainant - In person
For the Defendant - In person

15 January 2008

JUDGEMENT

R. Appa: This is a complaint on assault and child abuse. The complainant is the father of a girl named as Justine Simon aged seven years old who was inside Murumbu Shopping Centre on 5th July 2007 when she was alleged to have been assaulted by an employee of the company and at the same time poured water and while flour on to her. It was claimed that what was done to the girl was unlawful and child abuse and claimed compensation. Photographs of the girl covered with white flour was produced.

2. It was admitted that the girl was assaulted and poured water and white flour onto her because she was found with a short packed inside her shirt. It was the company policy to do such thing to the thief if the suspect did not pay penalty money as a form of punishment.

3. Both parties have filed their respective affidavits and were cross examined on some of them.

4. After considering the evidence from both sides, this court was of the view that what was done to the girl was unjustified. It was evident that the employees or security guards inside the store only assured that the girl was trying to steal because she was caught and assaulted inside the store, she had not gone past the till or gone outside the store. Any company policy or rules to do such thing would be unconstitutional. I therefore found that liability was established.

5. On damages, complainant had asked for K10,000.00 in compensation. It is often difficult to be accurate in assessing damages in such case. However, the girl did suffer stress, pain, humiliation and a stigma in her life. She deserves a compensation. It was also noted that in defense case, no argument was made on the amount claimed on the summons so its really up to the court o decide.

6. I assessed that a figure of K2, 200.00 inclusive of cost would be near enough to console the girl for what she had gone through. This is to be paid by Murumbu Shopping Centre.

For the Complainant – In person
For the Defendant – In person