Helen Bia Sam v Paul Haurom, Henry Tokam and The Independent State of Papua New Guinea [1998] PNGLR 346

• Jurisdiction: Papua New Guinea
• Judge: Kapi DCJ
• Judgment Date: 30 October 1998
• Court: National Court
• Citation: [1998] PNGLR 346
• Year: 1998
• Judgement Number: N1771

National Court: Kapi DCJ

Judgment Delivered: 30 October 1998

N1771

PAPUA NEW GUINEA

[In the National Court of Justice]

WS 1099 of 1995

BETWEEN:

HELEN BIA SAM

Plaintiff

AND:

PAUL HAUROM, HENRY TOKAM & THE STATE

Defendants

Waigani: Kapi DCJ.

19th, 23rd June, 30th October 1998

Damages – Assessment – assault – false imprisonment – Exemplary damages – when appropriate against member of Police Force.

Constitutional law – Assessment of damages – breach of s 32, 36 (1), 37 (3) & (4), s 42 & s 52 of the Constitution.

P. Parkop for the Plaintiff

H. Polume for the Defendants

30 October 1998

In this action the plaintiff claims damages following alleged unlawful assault, unlawful arrest and false imprisonment by the police. She also claims compensation for breach of constitutional rights under the Constitution.

A default judgement has been entered against the defendants and the matter came before me for assessment of damages.

The plaintiff gave evidence and called her father Bia Maini and her husband Gideon Sam to support her claims. The defendants did not call any evidence. I find the following facts from the evidence that was called before me. The plaintiff comes from Fane Village in the Goilala area, is married with one child and lives at 14 mile outside Port Moresby. On the early hours of 31st July 1993 while she was sleeping with her husband and father, the first defendant kicked open the door of the house and woke up all the residents. He did not obtain a warrant of search and was armed with a gun. Apparently he was in search of a man by the name of Aia Puni who is believed to be a suspect. This person was not present at the time of the raid and the plaintiff, her husband and father denied that they knew the person.

The first defendant then assaulted and threatened the plaintiff and forcefully took her and her father Bia Maini to the police vehicle. They were taken to the Goilala Settlement and were forced to run towards the settlement. The plaintiff’s father was left at the settlement and the first defendant then took the plaintiff back to the police vehicle and was taken back to the family house where the first defendant threw all their belongings all around the floor. The plaintiff was later taken to the police station at 14 mile. She was not charged with any offence at the station.

At the station, the plaintiff was subjected to abuse and the first defendant had sexual intercourse against her will. She was threatened with gun. The first defendant had sexual intercourse twice. She was later taken to the cell and detained there without laying any charges. She was left in the cell without any...