Woman wins suit against police Sgt, Govt

News that matter in Papua New Guinea 

Woman wins suit against police Sgt, Govt

PORT MORESBY: The National Court in Waigani has found the Government liable for breaching human rights in the case of a policeman who unlawfully detained a woman for a day in a police lock-up without a formal arrest or charge.

Justice David Cannings last week ordered a trial ton assessment of damages against Sgt Phillip Kuimo and the Government after ruling that there was vicarious liability for human rights breaches committed against LowaiyeMindili in 2010.

Eleven years after filing the suit, Mindili succeeded in obtaining a default judgment against Sgt Kuimo who went to Mindili’s house in Imbonggu’s Komakul village in Southern Highlands in the early hours of July 27, 2010. Sgt Kuimo verbally abused and assaulted her before taking her against her will to Ialibu police station, detained her for 24 hours without a formal arrest or charge, denying her medical treatment for serious injuries.

Details of the judgment by Justice Cannings were published by The National:

Judge: Govt breached rights

October 28, 2021The NationalMain Stories

By ZEDAIAH KANAU
THE National Court in Waigani has found the Government liable for breaching human rights in the case of a policeman who unlawfully detained a woman for a day in a police lockup without a formal arrest or charge.
Justice David Cannings last week ordered a trial on assessment of damages against Sgt Phillip Kuimo and the Government after ruling that there was vicarious liability for human rights breaches committed against Lowaiye Mindili in 2010.
Eleven years after filing the suit, Mindili succeeded in obtaining a default judgment against Sgt Kuimo who went to Mindili’s house in Imbonggu’s Komakul village in Southern Highlands in the early hours of July 27, 2010. Sgt Kuimo verbally abused and assaulted her before taking her against her will to Ialibu police station, detained her for 24hours without a formal arrest or charge, denying her medical treatment for serious injuries.
Cannings then set a trial to determine the liability of then Commissioner of Police Gary Baki (second respondent) and the Government (third respondent). In the trial, Mindili’s lawyer abandoned the claim against Baki, so the question of vicarious liability of the Government was the only issue for determination.
The Government argued that it had no liability as it was neither adequately pleaded nor proven that it was vicariously liable.
Justice Cannings held that it was proven on the balance of probabilities that Mindili’s allegations of fact were true.
“I find it proven on the balance of probabilities that Mindili’s allegation of fact are true, including that Sgt Kuimo committed human rights breaches against her in the course of his employment and while purporting to perform police functions,” he added.

Comments

Post a Comment

Popular posts from this blog

Growing unemployment rate in Papua New Guinea

Image
News that matter in Papua New Guinea Growing unemployment rate in Papua New Guinea (Employment stagnant since 2014) PORT MORESBY: Employment in Papua New Guinea (PNG) has remained stagnant since 2014 with millions of unemployed looking for jobs. The formal job market currently can only accommodate between 400,000 and 500,000, Institute of National Affairs executive director Paul Barker says. “As more young people enter the job market this year after graduating from tertiary institutions and schools, the chances of securing formal employment is slim. “Employment had remained stagnant despite the increase in potential workers coming out of educations institutions,” he added. Read on for more details as published by The National : Hard to get jobs January 27, 2022 The National Main Stories By DALE LUMA MILLIONS of eligible workers around the country are looking for jobs in the formal sector, which currently can
Read more

Sugu Valley tribal war death toll rises to at least 30

Image
News that matters in Papua New Guinea Armed tribal warriors on the move in Sugu Valley. Sugu Valley tribal war death toll rises to at least 30 PORT MORESBY: At least six tribes have been fighting in Sugu Valley (Kagua-Erave, Southern Highlands) since Feb 10, 2019, without any signs of an end and peace. In fact, the death toll has risen to at least 30, up from 11 on May 23, 2019, and the opening of a new battlefront in Sumbura near Poroma with multiple deaths reported in 24 wards. Armed tribal warriors on the march into the forests and jungles. PNG Cyber Monitor had on a May 25, 2019, posting ( https://pngcybermonitor.blogspot.com/2019/05/real-life-rifles-bows-and-arrows-bloody.html Real life rifles, bows and arrows bloody fights in PNG ) highlighted the bloody battle waged by tribal warriors armed with rifles, bows and arrows and knives. PNG Cyber Monitor is again highlighting the plight of the villagers who have been living in fear as reported by The Nationa
Read more

Sorcery shame for Papua New Guinea in X’mas

Image
News that matter in Papua New Guinea Sorcery tortures and violence are still being practised in Papua New Guinea in this 21st Century digital era. Sorcery shame for Papua New Guinea in X’mas PORT MORESBY: It was international shame for Papua New Guinea (PNG) this Christmas when sorcery reared its ugly head. Six women were stripped, bound to poles and burnt with hot knives as they screamed in pain, watched by an unsympathetic crowd. In a video that has gone viral in the internet, the women were accused of practising sorcery in Southern’s Enga. Police Comm David Manning described the sorcery torture as vile, inhumane, uncivilised, void of any human decency. “Papua New Guinea cannot progress without letting go of these horrific traditional beliefs. We have launched an urgent probe into the incident in Aiya’s Pawayamo village in Kagua-Erave.” The news break was published by The National : Horror torture of women Decem
Read more