Albert Baine v The State (1995) N1335

• Jurisdiction: Papua New Guinea
• Court: National Court
• Judge: Woods J
• Judgment Date: 16 June 1995
• Citation: (1995) N1335
• Judgment Number: N1335
• Year: 1995

National Court: Woods J

Judgment Delivered: 16 June 1995

N1335

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

WS 202 OF 1994

ALBERT BAINE — PLAINTIFF

V

THE STATE — DEFENDANT

Mount Hagen

Woods J

13 June 1995

16 June 1995

POLICE — Actions for wrongs — Police raid on village — Destruction of property — Assessment of damages — Valuation of property — Corroboration required of valuation.

Counsel

P Kopunye for the Plaintiff

No Appearance for the State

16 June 1995

WOODS J: This is a claim for damages suffered by the plaintiff and his family from Ambine Village near Banz in the Western Highlands Province on 14 July 1992 when a number of police entered the village and looted and destroyed property. The State has failed to properly defend the action and judgement by default was signed against the defendant for damages to be assessed. Whilst the State did appear at a date for the trial on the assessment in May and an adjournment was granted it has failed to appear at this fresh hearing date.

The claim is brought by the Plaintiff who whilst living in Port Moresby has a house in the village and has filed this claim on behalf of himself and his parents and other relatives for the destruction and looting of four houses and the contents thereof. The Plaintiff states in evidence that he was contacted by his father after the incident happened and he came home from Moresby and took photographs of the site of the destroyed houses and assessed the goods destroyed and taken. The father gave evidence also of the destruction apparently done by the police following an incident when some young men from a neighbouring village had caused some trouble at a Mission. No explanation or legal reason was ever given by the police to the plaintiff or his father as to why the police did this destruction. There was no evidence of any alleged criminal...