John Tuink Salamon and Others v The Independent State of Papua New Guinea, George Wagulo, Yepere Kaugupe, James Kua and Essau Keryal [1994] PNGLR 265

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 14 October 1994
• Court: National Court
• Judgement Number: N1272

John Tuink Salamon and Others v The Independent State of Papua New Guinea, George Wagulo, Yepere Kaugupe, James Kua and Essau Keryal [1994] PNGLR 265

National Court: Woods J

Judgment Delivered: 14 October 1994

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

JOHN TUINK SALAMON

V

THE INDEPENDENT STATE OF PAPUA NEW GUINEA,

GEORGE WAGULO,

YEPERE KAUGUPE,

JAMES KUA, AND

ESSAU KERYAL

Mount Hagen

Woods J

6 September 1994

14 October 1994

CONSTITUTIONAL LAW — Breach of constitutional rights by police.

DAMAGES — Vicarious liability — Wrongs by the State — Police operation against a village — Destruction and damage to buildings and property — Loss of profits from trade store — Shared liability of named individual officers — Independent discretion rule.

DAMAGES — Exemplary damages — Unconstitutional actions during police raid — Liability of named individual officers — Independent discretion rule.

Facts

The facts and issues in this case are similar to those in Kuriti v PNG, reported on p 262 in this volume, except that individual officers are named as defendants. The case is reported on the issue of exemplary damages for breach of constitutional rights.

Counsel

A Manase for the plaintiffs.

No appearance for the defendants.

14 October 1994

WOODS J: This is a claim for damages following a police raid on Kumbasakam village, Wapenamanda, Enga Province, on 5 July 1992. Houses and buildings were looted and destroyed and other property destroyed or damaged. The State and other defendants have not disputed the action nor given any legal arguments asserting a right to cause such damage and destruction, so the action must be deemed to be unlawful. Therefore, the State and the other defendants must be deemed to be liable for the loss and damage caused. Judgments were signed in default against the defendants, and the matter has come...