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Tip v OIC Traffic [2001] PGDC 36; DC399 (18 October 2001)

DC399

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 62 OF 2000

BETWEEN

Anis Tip
Complainant

v

O.I.C Traffic
First Defendant

Allan Kundi - PPC
Second Defendant

Independent State of Papua New Guinea
Third Defendant

Mt. Hagen: Appa, P.M.
2001: 18th October

JUDGMENT

This is a Police assault case. The process was served on the defendants and general defence was filed. There were sufficient notices issued but no Lawyers appeared for the Defendants so default judgement was entered and was adjourned for assessment.

The brief facts were that on the 14th January 2000, complainant was driving a PMV Bus in Hagen town and was stopped by duty Policemen. He was taken to Hagen Police Station and was locked up in the cell without laying any charge. He was kept in the cell for four (4) days. On the day he was taken to the cell, complainant said the arresting officer start punching, kicking and hitting him with Police issued gun butt with the assistance of other policemen.

As the result of the assault, he became helpless and unconscious and fell to the floor. He was allowed to sleep in the cell with blood all over him and in great pain. He was later released without laying any charge. He received medical treatment. Medical Report appeared consistent with these facts.

These brief facts are sufficient to show that the action of the Policemen was harsh and oppressive and indeed inhuman. No need to go further.

Liability is therefore established.

On the issue of quantum, complainant claims K8,000.00 for the injuries plus K200.00 in exemplary damages.

As we know pain and suffering cannot be adequately measured in monetary value. I take it that the assault complained of was aggravated, no justification at all on its face value. It was noted on medical report that due to blood clots in complainant’s ears, he now has hearing problem. I therefore see no reason at all to make any deduction in the claim which I think is reasonable.

I enter judgment for the complainant for a sum of K8,000.00 in general damages K74.00 in special damage (Medical report fees), K200.00 in exemplary damage. I allow 8% interest on the total award and costs of the proceeding to be taxed if not agreed. The 8% interest is to run from date of summons to settlement date. The judgment debt is to be settled by the State.

Simon Norum & Co. Lawyers: Complainant
Solicitor General: Defendant