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Magalia v State [2000] PGDC 39; DC425 (12 June 2000)

DC425

PAPUA NEW GUINEA
[IN THE DISTRICT COURT OF JUSTICE]

CASE NO 112 OF 2000

BETWEEN

Roy Magalia
Complainant

V

The Independent State of Papua New Guinea
Defendant

Mt.Hagen: Appa, P.M
2000: 12th June

JUDGMENT

This is a Police assault case. The complainant claims that on 24th October 1997 he was escorting the then Deputy Governor of SHP to Pangia when stopped by Mendi based Mobile squad Unit at Kiburu junction and assaulted him whereby he received injuries to his ears, jaws, knees, nose and head. He had to be hospitalized and was examined by three doctors and rated the injuries at 80% on loss of hearing, 15% for knee injuries and 10% on head injuries.

Since the services of the summons on the Solicitor General, they gave no Notice of Intention to Defend the proceeding nor any defence was filed within time so complainant obtained default judgment on 17/01/01 and was adjourned for assessment of damages.

Lawyer for the complainant had filed five affidavits in support of the claim and written submission in which she cited a number of precedent cases dealing with similar injuries. I have considered the five cases cited and I am of the view that the cases of Nita Pyakalo v. MVIL N1092 of 1992 and that of Ranged Paraka v. MVIL [1901] N1041 to be close enough to the complainant’s injuries. The complainant also asked for K500.00 being for head injury and abrasion which is allowed.

In the absence of any justification for the assault, I enter judgement for the complainant for and aggregated sum of K10,000.00. (K8,000.00 for loss of hearing, K1,500.00 for knee injuries and K500.00 for head injury and abrasion).

The complainant had also applied for 8% interest and cost so the same are allowed. Interest is to start from date of summons to settlement date.

Tamutai Lawyers: Complainant
Solicitor General: Defendant