John Yama for himself and Customary representatives for Lukas Berem, Bepi, Eka, John Nabuta and Joy Sent v Mathew Minok, Police Commander, Peter Agilo, Police Commissioner and The Independent State of Papua New Guinea (2002) N2198

• Jurisdiction: Papua New Guinea
• Court: National Court
• Citation: (2002) N2198
• Date: 17 May 2002
• Year: 2002

Full Title: John Yama for himself and Customary representatives for Lukas Berem, Bepi, Eka, John Nabuta and Joy Sent v Mathew Minok, Police Commander, Peter Agilo, Police Commissioner and The Independent State of Papua New Guinea (2002) N2198

National Court: Kapi DCJ

Judgment Delivered: 17 May 2002

1 DAMAGES—Exemplary damages—Discretion to award—circumstances when exemplary damages may be awarded.

2 David Wari Kofowei v Augustine Siviri [1983] PNGLR 449, Abel Tomba v The State (1997) SC578 and Andale More v Henry Tokam (1997) N1645 referred to

3 Wrongs (Miscellaneous Provisions) Act (Ch297) and Claims By and Against the State Act 1996 referred to

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Kapi DCJ: The plaintiff sued the defendants for damages arising out of a police shooting of the deceased Noki Yama at Togoba near Mt Hagen. The claim is brought under the provisions of Wrongs (Miscellaneous Provisions) Act (Ch297).

Default judgment was entered for the plaintiff on 15 November 2000 and the matter came before me for assessment of damages.

The parties settled all heads of damages except the question of exemplary damages. For the purposes of this issue the parties agreed to the following facts. On the morning of 23 June 1997 at about 10.30am, the deceased Noki Yama was with her daughter waiting on the road to catch a PMV to come to Mt Hagen. While she was waiting, an unspecified number of police with Defence Force soldiers came by in police vehicles. The police started shooting at the crowd in the market nearby. A bullet hit the deceased and she died...