Govt to pay more than K5m in damages for police raid

News that matter in Papua New Guinea

Govt to pay more than K5m in damages for police raid

PORT MORESBY: The National Court has ordered the Government to pay more than K5 million in damages for the destruction caused by police during a raid in Enga nearly 30 years ago./

Justice Colin Makail ruled on Friday (Feb 4, 2022) that policemen under the command of George Waugulo were acting within the scope of duty when they destroyed Mark Ipuya’s properties.

“Therefore, the Government as the employer is vicariously liable for the tortious acts,” he said.

Details of the court proceedings were published by The National:

State to pay K5mil over police raid

February 8, 2022The NationalMain Stories

By CLARISSA MOI
THE National Court has ordered the Government to pay more than K5 million in damages for the destruction caused by police during a raid in Enga nearly 30 years ago.
Justice Colin Makail ruled on Friday that policemen under the command of George Waugulo were acting within the scope of duty when they destroyed Mark Ipuya’s properties.
“Therefore, the Government as the employer is vicariously liable for the tortious acts,” he said.
Ipuya is the remaining of the 556 others who sued Waugulo and the Government for trespass, as a result of destruction, looting and arson committed by policemen led by Waugulo in a police raid in Tulipato village in Mulitaka Lagaip, Enga, on Sept 23, 1992.
The other plaintiffs were struck out by the court on June 10, 2004.
According to the amended writ of summons and statement of claim filed on Aug 24, 2009, Ipuya sought the following damages:

  • SPECIAL damages for loss of property;
  • LOSS of business from Sept 23, 1992, to Sept 23 2008;
  • GENERAL damages for breach of constitutional rights;
  • EXEMPLARY damages;
  • INTEREST; and,
  • COSTS.

Ipuya said an unspecified number of policemen from the special mobile squad based in Wabag and Laiagam arrived in Tulipato village on Sept 23, 1992, destroyed, looted and set fire to his properties which included dwelling houses, an administration building, a lodge and a fuel service station.
The lodge was said to have 77 rooms. Other witnesses gave accounts of the harmful acts to support his statements.
According to State witness Const Wasa Apia, there was no raid by the police and that Ipuya’s property was destroyed and set fire upon by members of an enemy tribe.
He also stated that there was no such property as described by Ipuya and he did not own such property.
However, Apia’s statements were refuted by his daughters Julia and Betty that the content of the affidavit was fabricated and untrue.
They stated that the affidavit was prepared and given to him to sign in their presence.
Justice Makail said Ipuya’s affidavit was clear in relation to the events of Sept 23, 1992.
Justice Makail ruled that Ipuya’s award of damages comprised of:

  • SPECIAL damages for loss of property is K1,418,215;
  • LOSS of business income for lodge and fuel service station for three years is K4,020,840;
  • DAMAGES for breach of constitutional rights is K10,000;
  • GENERAL damages for frustration and hardship is K10,000; and,
  • EXEMPLARY damages is K2,000.

The total award is K5,461,055.
Justice Makail ordered the Government to pay interest at the rate of two per cent on the judgment sum from the date of trial on Jul 7, 2021, to date of judgment until final settlement.

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