In re Gideon Jolly [2010] PGDC 29; DC1040 (9 June 2010)

1040

PAPUA NEW GUINEA
[IN THE CORONERS COURT OF JUSTICE]
COR 79 of 2009

IN THE MATTER OF GIDEON JOLLY HUMALEO (DECEASED)

WEWAK: D. SUSAME

2010: 13th January-9th June

Cases Cited
Nil

References
Nil

Counsel
Nil

Officer Assisting
Chief Sergeant Sela

9th June 2010

DECISION

D.Susame : Inquiry into the death of late Gideon Jolly Humaleo commenced on 13th January 2010. The initial report of death from the police was received on 16th December 2009.

2. The inquiry heard evidence from six witnesses. Photographs of the late Gideon Jolly showing physical injuries taken two months prior to his death were tendered at the inquiry. Also tendered into evidence were photographs taken at the post mortem.

3. The autopsy was conducted on 18th December 2009 three days after death had occurred. Significant findings of internal bleeding into and over the brain and discovery of large amount of blood at the base of the skull set this inquiry into motion at the request of the concerned family members.

4. They were of the belief the injury was a direct result of police beating early in October 2009.

FINDING

5. The late Gideon Jolly Humaleo of Yuo village Boikin, ESP passed away at Boram General Hospital at 7.00pm on 15th December 2009. He had been admitted on 7th December 2009 with multiple complaints of high fever, chills, and rigors, loss of speech and loss of power to the right side of his body.

6. The clinical opinion of the doctor who attended to Gideon was he was suffering from meningitis and had him put on treatment for that condition.

7. However, history of police beating was never made known to the doctor on the day of admission. That information was made known to the doctor few days before the death occurred. It seems the doctor took no regard of that information and continued to maintain treatment for meningitis and never considered taking x-ray or scanning of the brain. Had he done so, injuries would have been detected and appropriate action taken.

8. Medical certificate of death dated 15th December 2009, states that late Gideon died of meningitis. It was issued by a Heath Extension Officer (HEO) based on the clinical and admission notes of the medical doctor before the autopsy report was available. It is questionable whether the HEO had authority to issue such a certificate when section 36 of the Civil Registration Act provides that only a medical doctor can issue such a document. Hence, that certificate is not conclusive proof of the fact that the patient died of meningitis. Medical opinion of two doctors who testified at the inquiry lends further support that it was very unlikely meningitis was the cause of death.

9. Significant findings of post mortem examination were that the patient had head injuries, causing internal bleeding into and over his brain with large amount of blood discovered at the base of the skull. That no doubt was the actual cause of death.

10. On or about 10th October 2009 late Gideon and his friends had been consuming alcohol and were standing on the road along the Boikin section of the West Coast Highway when a contingent of police personnel came upon them in the Yawasoro Community Auxiliary Police vehicle driven by Kevin Wunduagen. The unit was under the command of inspector John Hasimani.

11. Inspector Hasimani and several members had then assaulted Gideon in the process of apprehending him before taking him into custody to be arrested and charged. It was on that occasion Gideon had been struck on the head excessively with a hard object. Although the blow did not cause instant mental disorder or death it was fatal enough to cause internal bleeding to the brain gradually until Gideon’s health began to deteriorate and he was admitted to the hospital and subsequently passed away on the evening of 15th December 2009.

RECOMMENDATIONS

12. Consistent with the above findings the following recommendations are made:

1. The State pays adequate compensation for the death, or

2. The family members of late Gideon commence legal proceeding if liability is denied by the State and/or,

3. The family members of late Gideon commence criminal investigations through C.I.D Police and identify and prosecute those members responsible for the death.