Govt to pay K133,000 to Waem villagers
News that matter in Papua New Guinea
Govt to pay K133,000 to Waem villagers
PORT MORESBY: The National Court in Waigani yesterday (Nov 29,
2021) ruled that police had unlawfully destroyed properties during a raid in
Wabag’s Waem Village about 20 years ago.
Justice Ere Kariko said the Government was accountable
and ordered it to pay K133,536 in damages for the damage caused on Sept 4,
2001.
“There is no doubt the police raid resulted in losses
to the villagers,” he added.
Details of the court proceedings were reported by The National:
State to pay
K133,000
November 30, 2021The
NationalMain Stories
By BEVERLY PETER
THE National Court in Waigani yesterday ruled that police had unlawfully
destroyed properties during a raid in Wabag’s Waem Village about 20 years ago.
Justice Ere Kariko said the State was accountable and ordered it to pay
K133,536 in damages for the damage caused on Sept 4, 2001.
“There is no doubt the police raid resulted in losses to the villagers,”
Justice Kariko said.
“The former commander of police mobile squad five and six, Simon Yagari, and
his squad unlawfully destroyed properties.
“The police commissioner is not vicariously accountable for the unlawful
conduct of Yagari.
“The State is accountable.”
Ben Komae, Jeff Lita, Tapukali Lita, Yas Lakain, Richard Aipi, David Timon,
Paulus Paliro, William Robert and Andrew Malipu claimed a total K247,216.25 in
compensation.
“The plaintiffs suffered losses but their claims are based on two basic
evidence – photographs claimed to have been taken of the remains of the burnt
houses and the victims’ statements stating what they lost.”
Justice Kariko reduced of the K247,216.2 claim to K133,536, saying though they
had lost their property, there was no proper corroboration of the property and
values which were said to have lost.
“The victims have claimed K5,000 to K10,000 for their general damage in the
sense of pain and suffering which I find no medical evidence to prove their
claim.
“My ruling is guided by the principles endorsed by Supreme Court in the case of
William Mel versus Colemen Pakalia:
- PLAINTIFF has the duty to
provide his/her loss on the balance of probabilities;
- CORROBORATION of a claim
from an independent source is required;
- THE principals of proof and
corroboration apply even when the defendant fails to present any evidence
disputing the claim.;
- THE fact that damages cannot
be assessed with certainty does not relieve the wrongdoer of the
requirement of paying damage. The court must have whatever little evidence
available and be on alert for any false claims; and
- THE court must be alert to
vague claims, unsupported by corroborating evidence as they might be
false.
Justice Kariko also provided a schedule on which the state was to pay the victims and said, the proceeding was to be paid on party-party basis.
Comments
Post a Comment