Wemin v Kalasim [2001] PGNC 58; N2134 (21 June 2001)

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TONY WEMIN
on his own behalf and as representative of 218 members of
Maina Clan of Chuave District, Simbu Province
First Plaintiffs

JOHN MAROME
on his own behalf and as representative of 205 members of
Kenai Clan of Chuave District, Simbu Province.
Second Plaintiffs

ROBERT KALASIM,
Provincial Police Commander of Simbu Province
First Defendant

CIVIL – Damages – Police raid – Assessment of Damages – Loss and destruction of houses, crops, food gardens, livestock and other properties – Breach of constitutional rights.

Plaintiffs numbering altogether 425 sued the Police and the State for damages, interests and costs for breach of their constitutional rights and loss and destruction of properties and their homes.

Following hearing on assessment of damages which the Defendants did not defend, the Court awarded a substantial sum of money including interest amounting to K2,370,300.00.

John Tuin Salamon vs. The State & Others [1994] PNGLR 265.
Toglai Apa & Others vs. The State (Reported National Court Judgment, 1994) N1267.
Steven Kirino & Others vs. The State (Unreported National Court Judgment, 1998) WS. 408 of 1995.
Simon Kaupa & Others vs. The State (Unreported National Court Judgment, 1998) WS. 88 of 1996.
Tom Amaiu vs. Commissioner for Corrective Institution & Others [1982] PNGLR 87.
Aimon Aure & Others vs. Captain Peter Boko & PNG [1996] PNGLR 85.
Yange Lagan & 58 Others vs. The State, N1369.
Peter Kuriti vs. PNG [1994] PNGLR 262.

KIRRIWOM, J: This is a substantial claim for loss and damage suffered or incurred by the two plaintiffs and 423 other claimants of Keinamaina villages of West Elimbari area of Chuave District, Chimbu Province following an illegal police raid conducted on the 6th and 8th of July 1992. In monetary terms, given the number of claimants seeking compensation for the losses they suffered and general damages for breaches of their constitutional rights, the Defendants are liable to pay quite a substantial sum in damages that amount to over two million kina in total.

The Plaintiffs obtained default judgment when neither of the Defendants named in this proceeding showed any interest in defending the case against them for damages to be assessed. This is therefore the hearing for assessment of damages, which is also undefended. It must be pointed out at the outset that Solicitor General’s Office did attempt to cause appearance on behalf of the Defendants but it turned out to be an half-hearted one that in the end the Plaintiffs’ case was virtually uncontested, both as to the liability of the Defendants and the amount of damages sought. The chronology of events will show the neglect on the part of the Defendants despite all due efforts made in accordance with the Rules to serve the Notice of Proceedings on them.

This is indeed a very large case in comparison with other similar cases that have come before this court in the recent time as the amount sought by the Plaintiffs, if proved, run into millions of kina, that the State must inevitably pay on the basis of vicarious liability of its errant servants and agents.

The two plaintiffs and 423 claimants are members of Maina and Kenai Clans in West Elimbari Constituency of Chuave District, Simbu Province. They are suing the First Defendant in his representative capacity as the Provincial Police Commander of Simbu Province and the Officer in Charge of the members of the Police Force in Simbu at the material time of the raid on the Plaintiffs‘ villages and the State, as the employer of the First Defendant and the policemen involved for damages for assault and battery, breach of constitutional rights, destruction and loss of lives, houses, trade stores and trading stock, food gardens, cash crops, livestock, domesticated animals and other properties.

From the Plaintiffs’ perspective, the following background is given thus providing a possible explanation for the police intervention. On 5th July 1992 a tribal fight took place between members of Maina Clan and Kenai Clan of West Elimbari Constituency. The fight erupted from an internal family dispute between two brothers from the Maina Clan, which somehow got Kenai Clan involved. The next day 6th July 1992 a squad of 30 – 40 policemen armed in combat gear entered Maina village killing or stealing animals, destroyed, stole or set fire to houses and properties, assaulted and/or injured people and caused deaths of two sick old men. Apart from Maina villagers, police also caused damage to properties belonging to Kenai people or the Second Plaintiffs on the same day as they proceeded towards Maina village. The same number of policemen returned two days later on 8th July 1992, but this time targeted Kenai village. They caused similar destruction and damage to the homes, personal belongings apart from crops, livestock and other properties of value to the members of Kenai Clan.

The Plaintiffs filed the Writ of Summons on 7th November 1996. Service of the Writ was effected on the Solicitor General on 11th November 1996. Subsequently there was an amendment to the Original Writ. The Amended Writ was filed on 21 November 1996 and services were effected on the Solicitor General on 26th November 1996 and on the First Defendant in person on 2nd December 1996.

On 18th December 1996 the Plaintiff’s lawyer put the Solicitor General on notice that default judgment will be entered if no notice of intention to defend is given. A search of the National Court Registry on 21 January 1997 revealed that no notice had yet been given. On 4th April 1997 a lawyer from Solicitor General’s Office telephoned Nonggor & Associates Lawyers and requested an extension of time. According to the affidavit of Benedict Batata of Nonggor & Associates, he advised the officer concerned to state their request in writing and that they were prepared to extend for one week. The verbal request was subsequently confirmed by letter of the same date. However search of the Registry by the Plaintiffs’ lawyers on 14th April 1997 showed that despite the one week grace period given to the Solicitor General by the lawyers for the Plaintiffs, no notice of intention to defend was filed for both Defendants. On 23rd of July 1997 default judgment was entered against both Defendants which was entered on 30th July 1997 for damages to be assessed.

This trial before me is for assessment of damages. Liability is no longer an issue. The file notations on the master file in Court only show four occasions when the matter was brought before me. When the matter was mentioned on 6 November 1998 neither of the Parties were present. On 8 March 1999 Mr Kot appeared for the Plaintiffs for purposes of obtaining trial dates. On 15 December 1999 when Mr Muroa appeared for the Plaintiff, there was no appearance on behalf of the Defendants. The matter was fixed for trial for 8 and 9 May 2000. And when the matter finally came up for trial on the days fixed the Defendants were still undefended on the trial for assessment of damages.

The Plaintiffs proceeded with their case by relying on their sworn affidavits. Altogether 425 affidavits were sworn by all the 425 plaintiffs including the two representatives and filed in support of this case. Each claimant deposes in his Affidavit to the background to the trouble in their area and the extent of damage suffered by him and others. Their losses and damage as deposed to in their affidavits are set out in the Table.

No.	Name	Description of Damages	Loss Suffered
1.	Aba Kumanal	Destruction to garden.	K 1,500.00
2.	Aba Yori	Destruction to garden,	K 2,500.00
3.	Abura Marome	Destruction to a 2 yr old house, Household contents, 2 pigs at K800 each.	K 1,900.00 2,500.00 1,600.00 K 6,000.00
4.	Agiri Dama	Destroyed a 3 yr bush material house with 4 b/rooms, Household contents.	K 1,500.00 K 1,900.00 K 3,400.00
5.	Airiwa Gaima	Destroyed garden.	K 1,600.00
6.	Aiwa Andrias	Destroyed a 3 yr 3 b/room house, household contents.	K 1,500.00 1,800.00 K 3,300.00
7.	Alus Bare	Destroyed a 2 yr house with 3 b/room, Household contents.	K 1,800.00 1,200.00 K 3,000.00
8.	Ame Supa	Destruction to garden.	K 1,300.00
9.	Andrew Paga	Destroyed garden.	K 6,500.00
10.	Anton Bare	Destruction to a 1 yr, 3 b/room house, Household contents, Animals and pets.	K 1,500.00 1,700.00 1,200.00 K 4,400.00
11.	Aromo Num	Destroyed a 1 yr old house with 4 b/room, Household contents.	K 1,200.00 K 2,800.00 K 4,000.00
12.	Aron Giriu	Destruction to 2 yr house, household contents, 5 goats at K500 each & 2 pigs at K800 each	K 1,800.00 2,500.00 2,100.00 K 6,400.00
13.	Aura Kawage	Destruction to a semi permanent house, Household contents, 3 pigs, a poultry house, 10 stockfeed (starter) 10 stockfeed (grower) 20 stockfeed (finisher) 200 chickens 10 drinking containers for chickens, 10 feed containers for chickens, garden	K 7,000.00 2,000.00 1,500.00 2,500.00 300.00 300.00 600.00 2,000.00 900.00 900.00 K 2,000.00 K 20,000.00
14.	Aura Munom	Destroyed a house, household contents.	K 1,200.00 300.00 K 1,500.00
15.	Auro Munom	Destroyed house at approx. Household contents at approx. 5 goats at K100 each.	K 1,500.00 2,900.00 500.00 K 4,900.00
16.	Aura Yoli	Destruction to a house, Household contents.	K 1,300.00 200.00 K 1,500.00
17	Auri Girimai	Destruction to a semi permanent house, Household contents, 2 pigs at K500 each, 1 goat at K80, subsistence garden.	K 1,300.00 1,800.00 1,000.00 80.00 2,000.00 K 6,180.00
18.	Auri Komane	Destruction to garden.	K 1,600.00
19.	Auri Nungu	Destroyed gardens.	K 700.00
20.	Auri Simare	Destroyed a semi permanent house, Household contents, A pig at K500, 3 goats at K100 each, 12 chickens at K10. each, subsistence garden.	K 900.00 1,600.00 500.00 300.00 120.00 2,000.00 K 5,420.00
21.	Bagadi Teine	Destruction to garden.	K 2,500.00
22.	Bagau Kiine	Destroyed a 2 yr house, 3 bedroom, Household contents.	K 1,800.00 1,900.00 K 3,700.00
23.	Bam Nime	Destruction to 3 yr bush material house with 3 b/room, household contents.	K 1,600.00 1,900.00 K 3,500.00
24.	Bandi Yoba	Destruction to a 1 ½ yr 3 b/room house, Household contents.	K 3,600.00 2,500.00 K 6,100.00
25.	Bani Bonie	Destroyed a house at approx., Household contents approx, Pets and animals approx.,	K 1,800.00 1,500.00 1,600.00 K 4,900.00
26.	Bani Korua	Destroyed a 2 yr house with 3 b/room, household contents, 20 x 80kg bags of dried coffee beans (K120 each), 3 pigs at K800 each & 5 goats at K100 each.	K 1,200.00 2,900.00 2,400.00 2,900.00 K 9,400.00
27.	Bani Oubu	Destroyed garden.	K 1,500.00
28.	Bani Yogol	Destroyed a 1 yr old house, Household contents.	K 2,000.00 2,900.00 K 4,900.00
29.	Banny Nime	Destroyed a 1 yr 3 b/room house, household contents, pets and animals	K 1,800.00 1,500.00 1,600.00 K 4,900.00
30.	Bave Kaupa	Destroyed a 2 yr house, household contents, animals & pets, gardens.	K 1,600.00 1,200.00 1,600.00 1,500.00 K 5,900.00
31.	Bebi Mandol	Destroyed garden.	K 1,600.00
32.	Bera Furegi	Destruction to a 1 yr house, Household contents.	K 1,200.00 1,900.00 K 3,100.00
33.	Bera Kem	Destroyed a 1 yr house, Household contents.	K 1,000.00 1,900.00 K 2,900.00
34.	Berol Karom	Destruction to gardens.	K 700.00
35.	Berol Damagu	Destruction to gardens.	K 1,500.00
36.	Berol Aromo	Destroyed garden.	K 8,000.00
37.	Berol Togowa	Destroyed gardens.	K 2,200.00
38.	Berol Wauri	Destruction to a house, and Household contents.	K 1,600.00 400.00 K 2,000.00
39.	Berol Yabare	Destroyed garden.	K 1,200.00
40.	Betty Sinowai	Destruction to 4 yr bush material house, Household contents, 3 pigs at K200 each, garden and/or foodcrops.	K 900.00 600.00 600.00 500.00 K 2,600.00
41.	Big Wai	Destruction to garden.	K 1,500.00
42.	Bob Sipa	Destruction to a semi permanent house, Household contents, 10 x 50kg bags of coffee, 1 x coffee pulper, 1 x coffee scale, cash and garden	K 800.00 1,050.00 1,750.00 200.00 500.00 500.00 K 2,000.00 K 14,000.00
43.	Bob Yoba	Destroyed a 1 yr 4 bedroom house, Household contents.	K 1,300.00 1,900.00 K 3,200.00
44.	Bobby Nime	Destroyed a 2 yr bush material house with 3 b/room, household contents, 2 pigs at K600 each.	K 1,500.00 1,700.00 1,200.00 K 4,400.00
45.	Bomai Ku	Destroyed a house, Household contents.	K 400.00 200.00 K 600.00
46.	Bona Topa	Destroyed gardens.	K 800.00
47.	Bongi Nubu	Destroyed a 2 ½ yr, 3 bedroom house, Household contents, Animals and pets.	K 1,500.00 1,800.00 1,200.00 K 4,500.00
48.	Bore Kibore	Destroyed a 2 yr 4 bedroom house, Household contents.	K 1,500.00 1,900.00 K 3,400.00
49.	Bose Peter.	Destruction to garden.	K 900.00
50.	Bourage Bob	Destroyed 2 yr 3 b/room house, household contents, pets and animals.	K 1,200.00 2,800.00 1,200.00 K 5,200.00
51.	Brouri Pulegi	Destroyed garden.	K 300.00
52.	Brulyange Num	Destroyed garden.	K 600.00
53.	Buka Kuman	Destroyed garden.	K 2,500.00
54.	Bu Kiagi	Destroyed a house and household contents,	K 1,600.00 400.00 K 2,000.00
55.	Charles Namawai	Destroyed garden.	K 3,500.00
56.	Consy Arom	Destruction to a 4 b/room house, Household contents, Garden, 20 chickens.	K 1,200.00 1,800.00 1,600.00 300.00 K 4,900.00
57.	Daina Ku	Destroyed garden.	K 1,600.00
58.	Dama Big	Destruction to garden.	K 1,200.00
59.	Dama Brian	Destroyed a semi permanent house, Household contents, 1 coffee pulper, 1 honda generator, 25x 65kg bags of coffee, 1 poultry house, 10 stock feeds starter, 10 stock feeds grower, 6 feeding container for chickens, 6 drinking containers for chickens, 2 pigs, a German Shepherd dog, garden.	K 5,000.00 1,500.00 400.00 2,000.00 3,000.00 700.00 300.00 300.00 500.00 500.00 1,000.00 200.00 2,000.00 K18,000.00
60.	Dama Inock	Destroyed garden.	K 1,200.00
61.	Damagu Kia	Destruction to garden.	K 700.00
62.	Du Korua	Destroyed house, Household contents.	K 400.00 200.00 K 600.00
63.	Dama Douglas	Destruction to a house, Household contents.	K 700.00 200.00 K 900.00
64.	Douglas Teine	Destruction to gardens.	K 600.00
65.	David Korago	Destroyed a 2 yr house with 3 b/room, Household contents, 20 x 80kg bags of dried coffee beans (K120 each).	K 1,500.00 1,600.00 2,400.00 K 5,500.00
66.	Daniel Mungai	Destruction to a 3 b/room 1 yr house, Household contents.	K 1,800.00 2,900.00 K 4,700.00
67.	Damagu Bera	Destroyed a 1 yr 3 b/room house, Household contents, 3 pigs at K600 each.	K 1,200.00 1,800.00 1,800.00 K 4,800.00
68.	Deira Aiwa	Destroyed a 1 ½ yr 4 bedroom house, Household contents.	K 1,100.00 1,900.00 K 3,000.00
69.	Derebu Wauri	Destroyed 2 yr bush material house, Household contents, 2 pigs at K800 each, garden and/or foodcrops.	K 1,700.00 2,800.00 1,600.00 1,600.00 K 7,500.00
70.	Derebu Kiagi	Destruction to a 2 yr bush material house, household contents, 2 pigs at K800 each, garden and/or foodcrops.	K 1,800.00 1,900.00 1,600.00 1,500.00 K 6,800.00
71.	David Gol	Destroyed gardens.	K 1,500.00
72.	Dama Gery	Destroyed garden.	K 1,500.00
73.	Dama Sipa	Destruction to house, approx, household contents, approx, 50 bags x 80kg dry coffee beans, approx, live animals (chicken, goats, etc), approx,	K 6,000.00 3,900.00 6,000.00 3,600.00 K20,000.00
74.	Dama Komane	Destroyed gardens.	K 800.00
75.	Dama Braien	Destroyed gardens.	K 600.00
76.	Emei John	Destruction to a 1 yr bush material house, Household contents, 1 pig, garden and/or foodcrop.	K 900.00 900.00 500.00 1,000.00 K 3,300.00
77.	Eri Kuman	Destroyed a 1 yr house, bush material, Household contents, Garden and/or foodcrops.	K 900.00 1,000.00 800.00 K 2,700.00
78.	Eringe Wai	Destroyed garden.	K 1,500.00
79.	Eremugom Gurua	Destruction to a semi permanent house, Household contents, 3 pigs at K400 each, 2 goats at K80 each, subsistence garden.	K 900.00 1,500.00 1,200.00 160.00 2,000.00 K 5,760.00
80.	Enock Korua	Destroyed gardens, A 4 bedroom house, Household contents, 4 pigs 3 goats	K 2,000.00 1,500.00 6,400.00 2,000.00 300.00 K 12,200.00
81.	Elijah Marome	Destruction to a house, Household contents.	K 1,300.00 200.00 K 1,500.00
82.	Eremugom Kuman	Destroyed gardens.	K 800.00
83.	Faim Maina	Destroyed a house, Household contents,	K 1,300.00 200.00 K 1,500.00
84.	Ginaburi Yori	Destruction to a 2 bedroom house, Household contents, 2 pigs at K600 each, gardens and/or foodcrops.	K 1,800.00 2,800.00 1,200.00 900.00 K 6,700.00
85.	Giamo Marome	Destruction to 2 yr old house 3 b/room, Household contents, 2 pigs at K600 each	K 1,800.00 1,600.00 1,200.00 K 4,600.00
86.	Gaima Maina	Destroyed a 1 ½ yr house, 3 b/room, Household contents.	K 1,500.00 1,600.00 K 3,100.00
87.	Gen Kom	Destroyed a 6 yr 3 b/room house	K 1,500.00
88.	Giano Mioba	Destroyed a 1 ½ yr house, 3 bedroom, Household contents.	K 1,500.00 2,600.00 K 4,100.00
89.	Gene Num	Destruction to 1 ½ yr old house with 3 b/room, household contents, gardens	K 1,800.00 1,400.00 900.00 K 4,100.00
90.	Gensy Goro	Destroyed a 2 yr 4 b/room house, household contents, gardens	K 1,600.00 1,900.00 800.00 K 4,300.00
91.	Gen Toi	Destruction to 2 yr house, 3 bedroom, Household contents.	K 1,600.00 1,900.00 K 3,500.00
92.	Girimai Daise	Destruction to 2 yr bush material house, Household contents, Garden and/or foodcrops	K 1,800.00 2,700.00 1,500.00 K 6,000.00
93.	Goiya Damagu	Destruction to a 3 yr bush material house, Household contents, 5 pigs at K200 each, garden and/or foodcrops.	K 1,500.00 800.00 1,000.00 700.00 K 4,000.00
94.	Gerry Wemin	Destroyed a trade store, A 3 bedroom house, A toyota stout Reg. No. 3 pigs, 5 goats, household contents, subsistence garden.	K 2,500.00 5,500.00 15,000.00 1,500.00 500.00 2,300.00 2,000.00 K29,300.00
95.	Gerry Nimbe	Destruction to a semi permanent house, household contents, 1 coffee pulper, 35 bags of coffee, a 1000 gallon water tank, garden,	K12,000.00 1,300.00 350.00 4,550.00 800.00 K 2,000.00 K21,000.00
96.	Gerry Teine	Destruction to a semi permanent house, Household contents, 2x 60kg coffee bags at K120 each, 1 pig, 2 goats at K100 each, subsistence garden,	K 1,000.00 2,000.00 240.00 600.00 200.00 2,000.00 K 6,040.00
97.	Gerry Girimai	Destroyed gardens.	K 2,200.00

98.	Goke Goro	Destroyed a 1 yr bush material house, Household contents, 2 pigs at K600 each, gardens and/or foodcrops.	K 1,500.00 1,900.00 1,200.00 1,800.00 K 6,400.00
99.	Giraum Dama	Destroyed house, Household contents.	K 1,400.00 400.00 K 1,800.00
100.	Giriu Wemin	Destroyed a 1 yr house, 4 b/room, Household contents, 3 pigs at K600 each.	K 1,600.00 4,900.00 1,800.00 K 8,300.00
101.	Gery Kone	Destruction to garden.	K 5,600.00
102.	Gery Sipa	Destroyed garden.	K 2,500.00
103.	Gery Dama	Destruction to garden,	K 800.00
104.	Girimai Wauri	Destruction to gardens.	K 900.00
105.	Gerry Toea	Destruction to garden.	K 1,300.00
106.	Gerry Kumanal	Destruction to gardens.	K 2,600.00
107.	Gol Aiyonga	Destroyed gardens.	K 1,200.00
108.	Gerkuai Sipa	Destroyed gardens.	K 12,600.00
109.	Girimai Damagu	Destroyed garden.	K 800.00
110.	Girimai Auri	Destruction to gardens.	K 1,500.00
111.	Geri Gurua	Destroyed garden.	K 900.00
112.	Gaya Damagu	Destruction to gardens.	K 800.00
113.	Geba Kiwai	Destroyed house, Household contents.	K 1,200.00 300.00 K 1,500.00
114.	Gerry Bandi	Destroyed garden.	K 2,500.00
115.	Gerkau Supa	Destroyed garden	K 1,200.00
116.	Girimai Maome	Destroyed garden.	K 2,500.00
117.	Gold Rodney	Destroyed garden.	K 1,500.00
118.	Golkana Aisik	Destruction to house, Household contents,	K 1,200.00 300.00 K 1,500.00
119.	Golma K. Danga	Destruction to a 2 yr house, 4 b/room, Household contents.	K 1,500.00 2,600.00 K 4,100.00
120.	Goma Ku	Destruction to house, household contents	K 500.00 200.00 K 700.00
121.	Goma Munom	Destroyed a house, Household contents.	K 700.00 200.00 K 900.00
122.	Gorai Gery	Destroyed garden,	K 1,500.00
123.	Gorai Kom	Destroyed gardens.	K 2,500.00
124.	Goro Auri	Destroyed a 1 yr 3 b/room house, Household contents, 4 pigs at K450 each	K 1,800.00 2,200.00 1,800.00 K 5,800.00
125.	Goro Godfred	Destroyed house, Household contents.	K 1,000.00 200.00 K 1,200.00
126.	Goro Kevin	Destroyed a house costing approx., Household contents	K 1,600.00 1,800.00 K 3,400.00
127.	Goro Nubu	Destroyed a yr old 3 b/room house, household contents.	K 1,600.00 1,700.00 K 3,300.00
128.	Goro Yori	Destruction to 1 ½ yr old house with 4 b/rooms, household contents, 3 pigs at K600 each	K 1,500.00 2,900.00 1,800.00 K 6,200.00
129.	Goronime Sipaku	Destroyed garden.	K 1,500.00
130.	Gumau Tamai	Destroyed a house, bush material 3 bedroom, Household contents, 50 bags of 80kg dried coffee beans, gardens and/or foodcrops.	K 2,800.00 1,200.00 6,000.00 1,800.00 K 11,800.00
131.	Gurua Num	Destroyed garden.	K 2,500.00
132.	Gurua Saga	Destroyed garden.	K 2,500.00
133.	Inowe Auri	Destroyed a 1 ½ yr 3 b/room house, Household contents, Pets and animals	K 1,300.00 2,800.00 1,700.00 K 5,800.00
134.	Irai Kol	Destroyed gardens.	K 3,500.00
135.	Jack Gerry	Destruction to garden.	K 2,500.00
136.	Jack Kom	Destroyed house, Household contents.	K 400.00 200.00 K 600.00
137.	Jack Kumanal	Destroyed garden.	K 2,500.00
138.	Jack Toan	Destruction to garden.	K 1,200.00
139.	Jacob Kiwai	Destroyed 2 yr bush material house, Household contents, 2 pigs, garden and/or foodcrops.	K 800.00 700.00 800.00 600.00 K 2,900.00
140.	James Maie	Destruction to a 1 yr 3 bedroom house, Household contents.	K 1,300.00 1,800.00 K 3,100.00
141.	Jim Kem	Destroyed a 2 yr house, 4 b/room, Household contents, Pets and animals.	K 1,500.00 1,900.00 1,600.00 K 5,000.00
142.	Joe Oino	Destroyed a semi permanent house, Household contents, 2 pigs at K450 each, 3 goats at K80 each, subsistence garden.	K 600.00 1,500.00 900.00 240.00 2,000.00 K 5,240.00
143.	Joel Bani	Destroyed a 2 yr 3 b/room house, household contents.	K 1,600.00 1,800.00 K 3,400.00
144.	John Berol	Destroyed house, Household contents.	K 600.00 200.00 K 800.00
145.	John Dama	Destroyed garden.	K 1,500.00
146.	John Kiawai	Destroyed a 3 yr bush material house, Household contents, Garden and/or foodcrops	K 700.00 800.00 1,000.00 K 2,500.00
147.	John Marome	Destroyed a 2 yr old house, Household contents.	K 1,500.00 2,800.00 K 4,300.00
148.	John Sipa	Destroyed 2 semi permanent houses, Trade store permanently built, Trade store goods, 1 diesel generator, 1 poultry house, 1 other household or contains	K 6,500.00 15,500.00 12,000.00 5,600.00 3,400.00 5,000.00 K 48,000.00
149.	John Korago	Destroyed a 2 yr 3 b/room house, household contents, 2 pigs at K800 each, foodcrops and economic trees	K 1,500.00 1,900.00 1,600.00 1,500.00 K 6,500.00
150.	John Togo	Destruction to a 1 yr house, 3 b/room, Household contents.	K 1,800.00 1,900.00 K 3,700.00
151.	John Ku	Destroyed a house, Household contents.	K 700.00 200.00 K 900.00
152.	John Wauri	Destroyed garden.	K 900.00
153.	Joseph Berol	Destroyed garden.	K 2,500.00
154.	Joseph Ku	Garden destroyed	K 1,500.00
155.	Joseph Gery	Destroyed garden.	K 900.00
156.	Juli Kama	Destruction to 2 yrs 3 b/room house, household contents,	K 1,500.00 1,800.00 K 3,300.00
157.	Kabiom Num	Destruction to garden.	K 2,500.00
158.	Kabiom Simbu	Destruction to garden.	K 600.00
159.	Kabu Du	Destruction to a house, Household contents.	K 1,200.00 300.00 K 1,500.00
160.	Kabulowa Fracce	Destruction to garden.	K 1,200.00
161.	Kabuowa Bisop	Destroyed garden.	K 1,200.00
162.	Kavei Teine	Destroyed garden.	K 1,600.00
163.	Kanatogo Kubian	Destroyed gardens.	K 2,600.00
164.	Kauba Goma	Destroyed a house, Household contents,	K 700.00 200.00 K 900.00
165.	Kaupa Bongi	Destruction to 2 ½ yr 3 b/room house, household contents, pet and animals	K 1,800.00 3,500.00 1,200.00 K 6,500.00
166.	Kaupa Kobor	Destruction to 1 yr 3 b/room house, Household contents,	K 1,500.00 1,900.00 K 3,400.00
167.	Kawei Teine	Destruction to a house approx., Household contents, approx. 10 goats at approx. K100 each.	K 1,600.00 1,900.00 1,000.00 K 4,500.00
168.	Kei Auri	2 yr 4 b/room house, household contents, 2 pigs at K900 each.	K 1,500.00 1,900.00 K 1,800.00 K 5,200.00
169.	Kei Keneri	Destroyed a 2 yr 4 b/room house, Household contents, 2 pigs at K600 each.	K 4,800.00 1,600.00 1,200.00 K 7,600.00
170.	Kemei Duma	Destroyed a 2 yr 3 b/room house, Household contents.	K 1,300.00 1,400.00 K 2,700.00
171.	Kemei Kem	Destroyed a 2 yr house, 2 b/room, Household contents.	K 1,800.00 1,600.00 K 3,400.00
172.	Kenai John	Destroyed a 1 yr 3 bedroom house, Household contents.	K 1,500.00 K 1,900.00 K 3,400.00
173.	Kenai Eran	Destruction to house, Household contents.	K 1,100.00 200.00 K 1,300.00
174.	Kenai John	Cause destruction to garden.	K 800.00
175.	Kenai Supa	Destruction to gardens.	K 800.00
176.	Keneri Keido	Destroyed a 4 b/room house, Household contents.	K 1,500.00 1,800.00 K 3,300.00
177.	Kevin Koma	Destruction to a 1 yr bush material house, Household contents.	K 1,500.00 2,900.00 K 4,400.00
178.	Kia Ubane	Destroyed garden.	K 900.00
179.	Kiagi Kogi	Destroyed a 2 yr bush material house, Household contents.	K 1,800.00 2,500.00 K 4,300.00
180.	Kiagi Kuman	Destroyed a 2 yr house, bush material, An 8 month old house, bush material, Household contents, Garden and/or foodcrops.	K 1,500.00 700.00 900.00 500.00 K 3,600.00
181.	Kiagi Siri	Destroyed a 2 yr 4/bedroom house, Household contents,	K 1,600.00 1,900.00 K 3,500.00
182.	Kiagu Togo	Destroyed a 2 yr 3 bedroom house, Household contents.	K 1,600.00 1,800.00 K 3,400.00
183.	Kiap Bais	Garden destroyed	K 600.00
184.	Kibu Aura	Destroyed a house, Household contents.	K 1,200.00 300.00 K 1,500.00
185.	Kibu Towane	Destruction to a 2 yr house, 3 bedroom, Household contents.	K 1,800.00 1,500.00 K 3,300.00
186.	Kipolo Saki	Destroyed garden.	K 2,600.00
187.	Kirei Kiagi	Destruction to 2 yr house with 4 b/room, Household contents.	K 1,500.00 1,900.00 K 3,400.00
188.	Kirino Togo	Destroyed a 3 b/room house about 3 yrs old,	K 1,500.00
189.	Kiro Sinowai	Destruction to a 2 yr house, bush material, Household contents.	K 1,900.00 2,600.00 K 4,500.00
190.	Kiriwa Kom	Destroyed a house, bush material, Household contents.	K 1,800.00 2,600.00 K 4,400.00
191.	Kobol Kenai	Destruction to a 2 yr 3 b/room house, household contents,	K 1,500.00 K 1,800.00 K 3,300.00
192.	Koin Kaupa	Destruction to a house, Household contents,	K 1,100.00 100.00 K 1,200.00
193.	Koma Kass	Destroyed a 2 yr bush material house, household contents,	K 1,500.00 1,900.00 K 3,400.00
194.	Kon Kaupa	Destroyed a semi permanent house, Household goods, 2 pigs, 4 goats, subsistence garden.	K 1,500.00 1,600.00 1,000.00 400.00 5,000.00 K 12,000.00
195.	Kon Misiyal	Destruction to house, Household contents.	K 1,000.00 200.00 K 1,200.00
196.	Kon Konsy	Destroyed a house, Household contents.	K 1,200.00 300.00 K 1,500.00
197.	Kor Dama	Destruction to a house, & Household contents.	K 400.00 100.00 K 500.00
198.	Koral Kemei	Destroyed a 2 yr house, Household contents.	K 1,800.00 1,600.00 K 3,400.00
199.	Koral Manegare	Destruction to a 1 yr, 4 b/room house, 3 pigs at K800 each, garden.	K 1,800.00 2,400.00 1,500.00 K 5,700.00
200.	Kore Teine	Destruction to a 2 yr 3 bedroom house, Household contents, Garden and economic trees, 2 pigs at K800 each.	K 1,600.00 1,500.00 1,900.00 1,600.00 K 6,600.00
201.	Koma Tabie	Destruction to 2 yr bush material house, Household contents, Garden and/or foodcrops	K 2,300.00 1,700.00 1,500.00 K 5,500.00
202.	Koma Tabie Mathew	Destruction to a 1 yr bush material house, Household contents, 2 pigs & 5 goats, garden and/or foodcrops.	K 2,500.00 2,800.00 1,600.00 1,500.00 K 8,400.00
203.	Komane Auri	Destruction to gardens.	K 1,500.00
204.	Komane Lucas	Destruction to a house, Household contents.	K 1,200.00 300.00 K 1,500.00
205.	Komane Michael	Destroyed garden.	K 1,500.00
206.	Komane Philip	Destroyed a 2 yr 4 b/room house, household contents, 3 pigs at K800 each.	K 1,800.00 1,900.00 2,400.00 K 6,100.00
207.	Kon Gabriel	Destroyed a house, Household contents.	K 700.00 200.00 K 900.00
208.	Korua Kusimare	Destruction to a 2 yr house, 4 b/room, Household contents, 3 pigs at K800 each.	K 1,200.00 2,900.00 2,400.00 K 6,500.00
209.	Korua Paul	Destroyed a 3 b/room house, 1 yr old, Household contents, Pets and animals.	K 1,600.00 2,000.00 1,200.00 K 4,800.00
210.	Korwa Diwai	Destroyed a 1 yr 3 bedroom house, Household contents.	K 1,200.00 2,900.00 K 4,100.00
211.	Kowai Ninbe	Destroyed garden.	K 1,500.00
212.	Ku Jacob	Destroyed gardens.	K 1,500.00
213.	Ku Philip	Destruction to garden.	K 1,800.00
214.	Ku Steven	Destroyed garden.	K 3,500.00
215.	Kua Komane	Destroyed a house, Household contents.	K 700.00 300.00 K 1,000.00
216.	Kum Kei	Destroyed a 2 yr bush material house, Household contents.	K 1,700.00 2,800.00 K 4,500.00
217.	Kuman Aura	Destruction to a house, Household contents.	K 1,200.00 300.00 K 1,500.00
218.	Kuman Furegi	Destruction to 6 yrs 3 b/room house, household contents,	K 1,400.00 1,600.00 K 3,000.00
219.	Kumanal Aba	Destroyed gardens.	K 500.00
220.	Kumanal Agiri	Destroyed gardens.	K 500.00
221.	Kumanal Aura	Destroyed a house, Household contents,	K 1,500.00 500.00 K 2,000.00
222.	Kumanal Berol	Destroyed garden.	K 2,000.00
223.	Kumanal Gabi	Destroyed garden.	K 700.00
224.	Kumanal Girimai	Destroyed house, Household contents.	K 1,200.00 300.00 K 1,500.00
225.	Kumanal Gunuge	Destroyed a 1 yr bush material house, Household contents, 2 pigs & 5 goats gardens and/or foodcrops.	K 2,500.00 3,900.00 1,700.00 1,600.00 K 9,700.00
226.	Kumanal Kubian	Destroyed gardens.	K 5,000.00
227.	Kumanal Tori	Destruction to a 4 yr bush material house, Household contents, 1 pig, garden and/or foodcrops.	K 700.00 600.00 400.00 600.00 K 2,300.00
228.	Kumo Komun	Destruction to 2 yr house, 3 b/room, Household contents.	K 1,500.00 1,900.00 K 3,400.00
229.	Kumun Yori	Destruction to a 1 yr house, 3 bedroom, Household contents, Pets and animals	K 1,500.00 1,800.00 1,200.00 K 4,500.00
230.	Lukas Digan	Destroyed a 2 yr house, 3 b/room, Household contents.	K 1,500.00 1,900.00 K 3,400.00
231.	Mabom Toane	Destruction to a 1 yr 3 bedroom house, Household contents.	K 1,800.00 1,900.00 K 3,700.00
232.	Mack Wai	Destroyed gardens.	K 700.00
233.	Maina Oino	Destruction to a semi permanent house, household contents, 2 pigs at K500 each, 1 goat, subsistence garden	K 700.00 1,600.00 1,000.00 100.00 2,000.00 K 5,400.00
234.	Mack Wai	Destruction to a semi permanent house, Household contents, 2 pigs at K500 each, 1 goat at K100, subsistence garden.	K 800.00 1,000.00 1,000.00 100.00 2,000.00 K 4,900.00
235.	Magai Clement	Destruction to house, Household contents.	K 400.00 100.00 K 500.00
236.	Magai Dingo	Destruction to a house, Household contents.	K 1,000.00 200.00 K 1,200.00
237.	Maie Wemun	Destruction to a semi permanent house, Household contents, 1 honda generator, 1 poultry house, 2 pigs, 10 stock feed starter, 10 stock feed grower, 10 stock feed finisher, 10 feed containers for chicken, 10 drinking containers for chicken, 50x 50kg bags of coffee, 1 coffee pulper, garden.	K 8,000.00 2,450.00 1,600.00 1,600.00 1,600.00 300.00 300.00 300.00 900.00 900.00 6,750.00 300.00 2,000.00 K27,000.00
238.	Maima Du	Cause destruction to a house, household contents.	K 1,100.00 400.00 K 1,500.00
239.	Maina Aset	Destruction to garden.	K 2,500.00
240.	Maina Bongi	Destroyed a 3 yr house with 3 b/room, Household contents.	K 1,500.00 1,900.00 K 3,400.00
241.	Maina Marome	Destroyed a 2 yr 3 bedroom house, Household contents.	K 1,600.00 2,500.00 K 4,100.00
242.	Maina Munom	Destroyed a house, household contents,	K 1,500.00 500.00 K 2,000.00
243.	Maina Sipa	Destroyed garden.	K 1,500.00
244.	Maina Siri	Destroyed a 2 yr house, 3 bedroom, Household contents, 5 goats at K100 each & 2 pigs at K600 each.	K 1,500.00 1,400.00 1,700.00 K 4,600.00
245.	Maina Oino	Destroyed garden.	K 800.00
246.	Maiye Timothy	Destroyed a house & Household contents.	K 1,500.00 500.00 K 2,000.00
247.	Marome Kei	Destroyed a 2 yr house with 3 b/room, household contents, 2 pigs at K600 each, foodcrops and economic trees.	K 1,500.00 1,900.00 1,600.00 1,500.00 K 6,500.00
248.	Marome Komane	Destroyed a house, and Household contents.	K 1,200.00 300.00 K 1,500.00
249.	Marome Managupe	Destruction to 2 yr house 2 b/rooms, household contents, 2 pigs at K500 each	K 1,900.00 1,800.00 1,000.00 K 4,700.00
250.	Marome Nungu	Destroyed garden.	K 800.00
251.	Me Erige	Destroyed garden.	K 1,200.00
252.	Meuna Kumo	Destroyed a 2 yr bush material house with 3 b/room household contents	K 1,500.00 1,800.00 K 3,300.00
253.	Mia Num	Destruction to 3 yr bush material house, Household contents, 4 goats at K80 each, garden and/or foodcrops.	K 1,500.00 700.00 320.00 500.00 K 3,020.00
254.	Miabe Mura	Destroyed a 2 yr house, 3 bedroom, Household contents.	K 1,600.00 1,800.00 K 3,400.00
255.	Michael Damagu	Destruction to a bush material house, Household contents, 2 pigs at K600 each & 2 goats at K100 each, gardens and economic trees.	K 1,600.00 1,900.00 1,400.00 1,500.00 K 6,400.00
256.	Michael Teine	Destruction to gardens.	K 1,500.00
257.	Michael Toane	Destruction to a house at approx., 3 pigs at K600 each, household contents approx., garden at approx.,	K 1,500.00 1,800.00 2,900.00 1,200.00 K 7,400.00
258.	Morepagu Supa	Destroyed gardens.	K 500.00
259.	Mori Mia	Destroyed a 1 yr bush material house, Household contents.	K 1,600.00 2,500.00 K 4,100.00
260.	Mori Monare	Destroyed a semi permanent house, Household contents, 2 pigs at K500 each, subsistence garden.	K 1,200.00 2,800.00 1,000.00 2,000.00 K 7,000.00
261.	Moses Kaupa	Destruction to a house, Household contents.	K 1,100.00 100.00 K 1,200.00
262.	Muge Kirei	Destruction to a 2 yr 3 b/room house, Household contents, 3 pigs at K600 each, gardens and others.	K 1,500.00 1,400.00 1,800.00 1,300.00 K 6,800.00
263.	Mumak Auri	Destruction to a 2 yr 4 b/room house, Household contents.	K 1,500.00 2,800.00 K 4,300.00
264.	Mungai Giaxio	Destroyed a 1 yr house, Household contents, 1 pig at K800.	K 1,800.00 1,500.00 800.00 K 4,100.00
265.	Munomkur Tabie	Destroyed a 2 yr house, 4 bedroom, Household contents, 2 pigs at K800 each, garden (5 rows of cabbage)	K 1,500.00 2,900.00 1,600.00 1,800.00 K 7,800.00
266.	Mungere Wauri	Destroyed a house, Household contents.	K 400.00 100.00 K 500.00
267.	Ninbe Kumanal	Destroyed gardens.	K 4,800.00
268.	Ninbe John	Destroyed gardens.	K 1,500.00
269.	Ninbe Ninipe	Destruction to garden.	K 560.00
270.	Noura Kei	Destroyed a 2 yr house with 4 b/room, household contents.	K 1,500.00 1,900.00 K 3,400.00
271.	Nubu Simon	Destroyed a 2 ½ yr house, 3 b/room, Household contents, Gardens and animals.	K 1,500.00 1,600.00 1,900.00 K 5,000.00
272.	Nubu Toi	Destruction to house, Household contents.	K 1,300.00 200.00 K 1,500.00
273.	Num Koi	Destruction to 2 yr old house, household contents, 2 pigs at K600 each	K 200.00 2,800.00 1,200.00 K 4,200.00
274.	Num Monare	Destroyed garden.	K 1,200.00
275	Num Yabare	Destroyed gardens.	K 500.00
276.	Num Yoba	Destroyed a 2 yr old bush material house, household contents.	K 1,700.00 2,500.00 K 4,200.00
277.	Obo Giriboro	Destroyed a 2 yr house, 4 b/room, Household contents, Trade store goods.	K 1,800.00 2,500.00 2,600.00 K 6,900.00
278.	Ogai Paga	Destroyed garden.	K 1,000.00
279.	Oino Kumon	Destroyed a 2 yr 3 bedroom house, Household contents, 2 pigs at K800 each.	K 1,600.00 2,900.00 1,600.00 K 6,100.00
280.	Oino Mabom	Destroyed a 2 yr house, 4 b/room, Household contents, 2 pigs at K500 each & 5 goats at K100 each, economic trees, 30 bags of 80kg dried coffee beans (K120 each)	K 1,800.00 1,900.00 1,500.00 1,500.00 3,600.00 K 10,300.00
281.	Otto Mathias	Destruction to a house, Household contents.	K 1,500.00 400.00 K 1,900.00
282.	Ouba Ninbe	Destroyed garden, A 3 bedroom house, Household contents, 2 pigs, 5 goats	K 2,000.00 900.00 1,000.00 1,200.00 500.00 K 5,600.00
283.	Ouba Mex	Destroyed garden.	K 600.00
284.	Owa Taiye	Destroyed a 3 yr bush material house, Household contents, Garden and/or foodcrops.	K 700.00 600.00 1,000.00 K 2,300.00
285.	Paul Koma	Destroyed a 3 yr house, bush material, Household contents, 1 goat, garden and/or foodcrops.	K 1,200.00 800.00 100.00 700.00 K 2,800.00
286.	Paul Ku	Destruction to garden	K 5,000.00
287.	Paul Togo	Destroyed a 1 yr 4 bedroom house, Household contents, 2 pigs at K600 each, economic trees.	K 1,100.00 1,900.00 1,200.00 1,600.00 K 5,800.00
288.	Peter Aromo	Destroyed a 1 yr house, 4 b/room, Household contents, 20 bags of 80kg dried coffee beans at K120 each, 4 pigs at K800 each & 2 goats at K80 each.	K 2,500.00 3,000.00 2,400.00 3,360.00 K 11,260.00
289.	Peter Bomai	Destroyed a house, Household contents.	K 1,200.00 300.00 K 1,500.00
290.	Peter Gery	Destroyed garden,	K 2,900.00
291.	Peter Kaupa	Destroyed a 1 yr 3 b/room house, Household contents, Animals and pets.	K 1,800.00 K 1,500.00 1,200.00 K 4,500.00
292.	Peter Kumanal	Destroyed a trade store merchandise (trade store goods), a 3 b/room house, household contents,	K 6,000.00 5,000.00 2,000.00 1,000.00 K14,000.00
293.	Peter Num	Destroyed a 2 yr bush material house, Household contents, A cow, Garden and/or foodcrops.	K 1,500.00 1,800.00 500.00 600.00 K 4,400.00
294.	Peter Wemin	Destruction to garden, A 3 bedroom house, Household contents, 5 pigs, 8 goats.	K 2,000.00 1,200.00 3,000.00 4,000.00 640.00 K 10,840.00
295.	Peter Yomba	Destruction to a semi permanent house, 1 coffee pulper, household contents, 2 pigs, 25x 50kg bags of coffee, 1 coffee scale.	K 3,000.00 300.00 2,150.00 400.00 3,000.00 150.00 K 9,000.00
296.	Philip Maina	Destroyed gardens.	K 2,000.00
297.	Rized Tony	Destruction to a 2 yr 3 b/room house, Household contents, 2 pigs at K800 each.	K 1,500.00 1,900.00 1,600.00 K 5,000.00
298.	Robert Ouba	Destruction to garden, 4 b/room house, household contents, 2 pigs, 3 goats,	K 2,000.00 1,600.00 7,000.00 1,600.00 300.00 K 12,500.00
299.	Robert Sipa	Destroyed garden,	K 1,500.00
300.	Robert Toane	Destruction to house, household contents,	K 2,000.00 500.00 K 2,500.00
301.	Sailas Ninbe	Destroyed garden.	K 2,500.00
302.	Saiman Kauba	Destroyed a yr old 4 b/room house, Household contents, 2 pigs at K600 each	K 1,500.00 2,600.00 1,200.00 K 5,300.00
303.	Samson Sipa	Destroyed garden.	K 3,400.00
304.	Siba Dama	Destroyed a 2 yr old house with 4 b/room Household contents, 3 goats at K100 each & 2 pigs at K800 each	K 1,500.00 1,600.00 1,900.00 K 5,000.00
305.	Silas Nimbe	Destroyed a semi permanent house, 1 coffee pulper, household contents, 50 x 50kg bags of coffee, 2 pigs, 1 poultry house, 10 poultry feed containers, 1 honda generator.	K 5,000.00 300.00 4,000.00 6,700.00 600.00 200.00 850.00 1,600.00 K 19,250.00
306.	Simare Auri	Destruction to gardens.	K 1,500.00
307.	Simith Buka	Destroyed garden.	K 4,500.00
308.	Simon Joseph	Destroyed garden.	K 1,600.00
309.	Simon Kirei	Destroyed a 2 yr house, 4 b/room, Household contents.	K 1,500.00 1,300.00 K 2,800.00
310.	Simon Ku	Destroyed garden.	K 5,200.00
311.	Simon Papua	Destruction to a house, Household contents.	K 1,200.00 300.00 K 1,500.00
312.	Simon Tour	Destruction to a 2 yr bush material house with 3 b/room, household contents, 2 pigs at K600 each.	K 1,700.00 1,500.00 1,200.00 K 4,400.00
313.	Simon Touri Gum	Destruction to a house, household contents,	K 1,300.00 200.00 K 1,500.00
314.	Simon Yoba	Destruction to a 2 yr old 2 b/room house, Household contents.	K 1,400.00 2,600.00 K 4,000.00
315.	Sine David	Destroyed house, Household contents.	K 1,100.00 400.00 K 1,500.00
316.	Sine Ku	Destroyed a house, Household contents.	K 2,500.00 500.00 K 3,000.00
317.	Sinowai Daniel	Destroyed garden.	K 2,200.00
318.	Sinowai David	Destroyed house, Household contents.	K 1,300.00 300.00 K 1,600.00
319.	Sinowai Du	Destroyed 3 yr house, bush material, Household contents, 1 pig, garden and/or foodcrops.	K 700.00 700.00 500.00 600.00 K 2,500.00
320.	Sinowai Kiagi	Destroyed a 2 yr house, bush material, Household contents, 3 pigs at K400 each, garden and/or foodcrops.	K 800.00 700.00 1,200.00 500.00 K 3,200.00
321.	Sio Kapkar	Destroyed a 1 yr 3 bedroom house, Household contents, 2 pigs at K800 each & 2 goats at K100 each.	K 1,300.00 2,800.00 1,800.00 K 5,900.00
322.	Sipa Andrew	Destroyed garden.	K 600.00
323.	Sipa Gol	Destruction to garden.	K 3,500.00
324.	Sipa Kuman	Destruction to garden.	K 1,200.00
325.	Sipa Maubol	Destroyed a house, Household contents.	K 600.00 200.00 K 800.00
326.	Taiye Tanu	Cause destruction to a house, household contents.	K 400.00 200.00 K 600.00
327.	Songa Touri	Destruction to a house, Household contents.	K 2,000.00 500.00 K 2,500.00
328.	Sowa Pege	Destruction to a 2 yr 3 b/room house, Household contents, 3 pits at K800 each, gardens and economic trees.	K 2,500.00 3,900.00 2,400.00 1,600.00 K10,400.00
329.	Sowa Tabie	Destruction to 1 yr old house with 4 b/room, household contents,	K 1,700.00 2,500.00 K 4,200.00
330.	Stanley Nubu	Destruction to 1 yr house with 4 b/room, household contents, 10 x 80kg of dried coffee beans (K150 each) 3 pigs at K500 each & 4 goats at K80 each	K 1,500.00 2,500.00 1,500.00 K 1,820.00 K 7,320.00
331.	Steven Kawage	Destruction to gardens 1 4 b/room house, household contents 4 pigs 3 goats 1 dog	K 2,000.00 1,500.00 4,400.00 2,400.00 300.00 40.00 K10,640.00
332.	Steven Su	Destroyed a house, & household items	K 1,300.00 200.00 K 1,500.00
333.	Steven Tony	Destroyed garden.	K 7,500.00
334.	Supa Num	Destroyed a 2 yr house, bush material, Household contents, 2 pigs at K800 each, garden and/or foodcrops.	K 1,700.00 2,500.00 1,600.00 1,500.00 K 7,300.00
335.	Suba Ku	Destroyed a house and household contents.	K 1,200.00 300.00 K 1,500.00
336.	Suba Toba	Destroyed a 2 yr house, 3 bedroom, bush material, 2 pigs at K600 each & 2 goats at K80 each.	K 1,800.00 1,600.00 1,360.00 K 4,760.00
337.	Subbsy Damagu	Destroyed a 1 yr 6 mths house, Household contents.	K 1,700.00 K 2,300.00 K 4,000.00
338.	Suo Kewo	Destroyed a 1 yr house, 4 bedroom, Household contents, 4 goats at K100 each, garden.	K 1,700.00 1,600.00 400.00 700.00 K 4,400.00
339.	Supa Kumanal	Destruction to a semi permanent house, Household contents, 3 pigs at K300 each, 1 goat, subsistence garden.	K1,600.00 1,800.00 900.00 100.00 2,000.00 K 6,400.00
340.	Supa Mitere	Destroyed garden.	K 900.00
341.	Supa Paul	Destroyed gardens.	K 900.00
342.	Supa Soringe	Destruction to garden.	K 1,500.00
343.	Supa Timothy	Destroyed a 1 yr house with 4 b/room, Household contents, 2 pigs at K600 each, garden and/or foodccrops.	K 2,800.00 4,000.00 1,200.00 1,500.00 K 9,500.00
344.	Supa Wemin	Destruction to garden.	K 1,500.00
345.	Supa Yoanes	Destroyed gardens.	K 900.00
346.	Suwoi Goro	Destroyed a 3 yr house, 3 bedroom, Household contents, Animals and pets.	K 1,000.00 2,900.00 1,600.00 K 5,500.00
347.	Tabai B. Kumanal	Destroyed a house costing approx., Household goods (or contents), 2 adult pigs at K800 each, 1 garden.	K 2,500.00 5,600.00 1,600.00 1,800.00 K 11,500.00
348.	Tabai Kuman	Destruction to a semi-permanent house, 1 trade store, trade store goods, household contents, subsistence garden.	K 1,500.00 900.00 1,600.00 2,500.00 2,000.00 K 8,500.00
349.	Tabie Koma	Destroyed a 2 yr bush material house, Household contents, Garden and/or foodcrops.	K 2,500.00 1,800.00 1,600.00 K 5,900.00
350..	Tabie Urum	Destroyed a house and Household contents.	K 1,300.00 300.00 K 1,600.00
351.	Tabie Yori	Destroyed a 6 yr house, 3 b/room.	K 1,500.00
352.	Tabiye Yago	Destruction to 5 yrs 3 b/room house, household contents,	K 1,900.00 1,400.00 K 3,300.00
353.	Taisi Sipa	Destroyed garden.	K 2,500.00
354.	Taiye Jeffry	Destruction to a 1 ½ yr 3 b/room house, household contents.	K 1,500.00 2,900.00 K 4,400.00
355.	Taube Michael	Destruction to a 1 yr house with 4 b/room household contents, 3 pigs at K800 each, foodcrops and economic trees.	K 1,500.00 1,900.00 2,400.00 1,200.00 K 7,000.00
356.	Teine Gen	Destroyed a 2 yr house with 2 b/room, Household contents, 50 chickens at K10 each.	K 1,500.00 1,900.00 500.00 K 3,900.00
357.	Teine Goiya	Destruction to a 4 b/room bush material house, Household contents, 20 bags of 80kg dried coffee beans.	K 2,500.00 2,600.00 2,400.00 K 7,500.00
358.	Teine Kuman	Destroyed garden.	K 2,500.00
359.	Teine Mosbi	Destruction to a semi permanent house, Household contents, 1 poultry house, 10 stock-feed starter, 10 stock-feed grower, 10 stock-feed finisher, 10 feed container, 10 drinking containers, 500x 50kg bags of coffee, 1 coffee pulper, 1 honda generator, 2 pigs, garden.	K 7,560.00 1,950.00 1,600.00 300.00 300.00 300.00 900.00 900.00 6,750.00 300.00 2,600.00 1,600.00 2,000.00 K27,000.00
360.	Tom Uril	Destroyed a house, & Household contents.	K 1,200.00 300.00 K 1,500.00
361.	Tomol Ninbe	Destruction to garden,	K 1,900.00
362.	Tonny Tabie	Destruction to a 4 yr bush material house, Household contents, 2 pigs, garden and/or foodcrops.	K 2,500.00 2,800.00 1,600.00 1,700.00 K 8,600.00
363.	Tony Joseph	Destroyed garden.	K 1,600.00
364.	Tony Wemin	Destroyed garden,	K 7,500.00
365.	Teine Noro	Destruction to a 2 yr house, 3 b/room, Household contents.	K 1,500.00 1,800.00 K 3,300.00
366.	Teine Oino	Destruction to garden.	K 1,600.00
367.	Temai Aromo	Destroyed a 2 yr house, 3 bedroom, Household contents.	K 1,700.00 1,900.00 K 3,600.00
368.	Temai Kenai	Destroyed a 2 yr house with 3 b/rooms, household contents.	K 1,800.00 K 1,900.00 K 3,700.00
369.	Temai Koma	Destroyed garden.	K 1,500.00
370.	Thomas Nimegum	Destruction to a house, Household contents.	K 2,000.00 500.00 K 2,500.00
371.	Timothy Alex	Destroyed house, Household items.	K 1,200.00 300.00 K 1,500.00
372.	Timothy Kenai	Destruction to a house costing approx., household contents at approx., garden 3 pigs at K800 each.	K 1,500.00 2,600.00 1,600.00 2,400.00 K 8,100.00
373.	Toane Eri	Destroyed a 2 yr house, 4 bedroom, Household contents.	K 1,500.00 1,400.00 K 2,900.00
374.	Toane Kerei	Destroyed a 3 yr house, 2 b/room, Household contents.	K 1,200.00 1,800.00 K 3,000.00
375.	Toane Kirei	Destroyed a 1 yr 3 bedroom house, Household contents.	K 1,600.00 1,800.00 K 3,400.00
376.	Togo Kore	Destroyed 2 yrs 4 bedroom house, Household contents,	K 1,100.00 1,900.00 K 3,000.00
377.	Tom Gaima	Destruction to 3 yr house, 3 b/room, Household contents.	K 1,400.00 1,500.00 K 2,900.00
378.	Tom Marome	Destroyed a 1 ½ yr house with 3 b/room, Household contents.	K 1,800.00 2,400.00 K 4,200.00
379.	Touan Wemin	Destroyed a 3 yr 3 bedroom house, Household contents.	K 1,600.00 1,800.00 K 3,400.00
380.	Touna Tonie	Destroyed a 1 yr 3 bedroom house, Household contents.	K 1,600.00 1,800.00 K 3,400.00
381.	Towan Wai	Destroyed a 4 yr 4 bedroom house, Household contents.	K 1,600.00 1,500.00 K 3,100.00
382.	Winbe Bulowri	Cause destruction to garden.	K 700.00
383.	Wai Kei	Destroyed a 2 yr bush material house, Household contents, 2 pigs at K800 each, garden and/or foodcrops.	K 1,800.00 2,500.00 1,600.00 1,300.00 K 7,200.00
384.	Wai Auri	Destruction to 2 yr 4 b/room house, household contents,	K 1,300.00 K 1,800.00 K 3,100.00
385.	Wai Gen	Destroyed a 2 yr house, 4 bedroom, Household contents, 2 pigs at K600 each.	K 1,600.00 1,900.00 1,200.00 K 4,700.00
386.	Wai Mioba	Destruction to a 1 yr house, 3 b/room, Household contents.	K 1,200.00 1,800.00 K 3,000.00
387.	Wai Wemin	Destruction to a trade store and a house, Household contents, Garden and/or foodcrops	K 800.00 1,000.00 1,500.00 K 3,300.00
388.	Wai Wemin	Destruction to a 2 yr 3 b/room house, household contents, 2 pigs at K600 each,	K 1,800.00 2,600.00 1,200.00 K 4,600.00
389.	Waia Kiagi	Destroyed a 1 ½ yr bush material house, Household contents.	K 1,800.00 1,900.00 K 3,700.00
390.	Waliri Willie	Destroyed garden.	K 5,000.00
391.	Wan Kogi	Destroyed a 2 yr 3 b/rooms house, Household contents.	K 1,800.00 K 1,600.00 K 3,400.00
392.	Wau Dama	Destroyed garden.	K 1,500.00
393.	Wauri Moris	Destruction to a house, Household contents.	K 2,000.00 500.00 K 2,500.00
394.	Wauri Anton	Destroyed gardens.	K 600.00
395.	Wauri Eri	Destroyed a 2 yr house, 4 bedroom, Household contents.	K 1,600.00 1,900.00 K 3,500.00
396.	Wauri Goro	Destruction to a 1 yr house, bush material, Household contents, Pigs and goats, Gardens and/or foodcrops	K 1,700.00 2,600.00 1,500.00 1,800.00 K 7,600.00
397.	Wauri Gumamkema	Destroyed gardens.	K 1,300.00
398.	Wauri Kumanal	Destroyed a 2 yr bush material house, household contents, gardens and/or foodcrops	K 1,700.00 2,500.00 1,600.00 K 5,800.00
399.	Wauri Marome	Destroyed a house, Household contents.	K 400.00 200.00 K 600.00
400.	Wemin Bani	Destroyed a 2 yr 3 bedroom house, Household contents.	K 1,600.00 2,800.00 K 4,400.00
401.	Wemin Kenai	Destroyed a 3 yr 3 bedroom house, Household contents, Domesticated animals and pets.	K 1,800.00 1,900.00 1,600.00 K 5,300.00
402.	Wemin Kewo	Destroyed a 8 yr 3 bedroom house, Household contents.	K 1,000.00 1,900.00 K 2,900.00
403.	Wemin Korua	Destruction to a 2 yr house, 3 b/room, Household contents.	K 1,500.00 2,300.00 K 3,800.00
404.	Wemin Noz	Destroyed a 2 yr bush material house with 3 b/rooms, household contents.	K 1,500.00 1,900.00 K 3,400.00
405.	Wemin Songan	Destruction to a 1 yr 4 b/room house, Household contents, 2 pigs @ K800 each & 5 goats @ K100, foodcrops and economic trees.	K 1,500.00 2,600.00 2,100.00 1,300.00 K 7,500.00
406.	Wemin Wase	Destruction to 2 yr house, bush material with 3 bedroom, Household contents.	K 1,500.00 1,800.00 K 3,300.00
407.	Wemin Wewe	Destruction to a semi permanent house, Household contents, 1 pig, subsistence garden.	K 1,500.00 1,900.00 600.00 2,000.00 K 6,000.00
408.	Wemin Wiving	Destroyed a 3 yr 4 b/room house, household contents.	K 1,800.00 2,700.00 K 4,500.00
409.	Wemin Yabare	Destruction to a house costing approx., household contents appro., 2 pigs at K800 each.	K 1,500.00 1,900.00 1,600.00 K 5,000.00
410.	Wemin Yogor	Destroyed a 3 bedroom house, Household contents.	K 1,600.00 1,500.00 K 3,100.00
411.	Witus Wai	Destroyed a 1 yr 4 bedroom house, Household contents, 3 pigs at K400 each.	K 1,500.00 2,800.00 1,200.00 K 5,500.00
412.	Yago Aromo	Destroyed garden.	K 2,200.00
413.	Yago Goro	Destroyed a 1 yr 4 b/room house, bush material, Household contents.	K 1,600.00 1,800.00 K 3,400.00
414.	Yori Marome	Destruction to 1 yr house 3 b/rooms, household contents, trade store building store goods	K 2,500.00 3,900.00 5,600.00 10,000.00 K22,000.00
415.	Yago Minga	Destroyed a 1 yr house, 3 b/room, Household contents, 2 pigs at K800 each, garden and economic trees.	K 1,200.00 1,600.00 1,600.00 1,300.00 K 5,700.00
416.	Yagol Wan	Destroyed a 2 yr 3 b/room house, Household contents.	K 1,400.00 1,900.00 K 3,300.00
417.	Yoba Kenai	Destroyed a 3 yr house with 3 b/room, Household contents, 2 pigs at K600 each, foodcrops and economic trees.	K 1,800.00 2,500.00 1,200.00 1,900.00 K 7,400.00
418.	Yoba Koi	Destroyed a 1 ½ yr house, 3 bedroom, Household contents,	K 1,800.00 2,200.00 K 4,000.00
419.	Yoba Unupe	Destroyed a house, Household contents.	K 500.00 100.00 K 600.00
420.	Yogol Goro	Destruction to a 4 b/room house, Household contents, 3 pigs at K600 each, garden and economical trees.	K 1,500.00 1,500.00 1,800.00 1,300.00 K 6,100.00
421.	Yogol Ku	Destroyed garden.	K 1,200.00
422.	Yogol Sipa Gol	Destruction to a semi permanent house, 3 double wooden beds, 3 mattress, 1 suitcase with clothes, 1 double wire bed, 1 patrol box with tools, 1 transistor radio, 2 spray pumps, 1 coffee pulper, 1 bag of yam seeds, 25x 60kg dry coffee beans, 1 adult dog, 2 wooden mumu drum, cooking utensils, 1 BMX bicycle, 4 tiger blankets, 3 goats, 1 poultry house, 10 stock-feed starter, 10 stock-feed grower, 10 stock-feed finisher, 6 chicken-feed containers, 6 drinking containers for chicken.	K 6,500.00 480.00 168.00 250.00 160.00 600.00 120.00 120.00 300.00 100.00 3,000.00 200.00 200.00 300.00 130.00 160.00 240.00 1,600.00 300.00 300.00 300.00 480.00 480.00 K 18,326.00
423.	Yori Du	Destroyed a 1 ½ yr house, 4 bedroom, Household contents.	K 1,900.00 2,500.00 K 4,400.00
424.	Yori Goro	Destroyed a 2 yr old house, Household contents.	K 1,000.00 K 300.00 K 1,300.00
425.	Yori Kumanal	Destruction to garden.	K 1,600.00

The issue before me is whether the plaintiffs have proved their claims on the balance of probabilities with respect to the damages that they seek against the defendants?

Generally the plaintiffs evidence before me, as summarised in the Table above, is unchallenged. The total cost of destruction to or loss of houses, cash crops, domesticated animals and other properties of value amount to K1,703, 556.00. These are the losses that the Plaintiffs suffered and in a nutshell this is the evidence that substantiates their claim for compensation.

In addition the Plaintiffs are also claiming damages for violation of their constitutional rights, exemplary damages as well as interest and costs.

The Plaintiffs claim K850,000.00 in general damages which consist largely of what has come to be known as breaches of constitutional rights when actions are founded under sections 57 and 58 of the Constitution. The allegations of these breaches of constitutional rights were based on trespass to land and properties of the Plaintiffs by the servants or agents of the Second Defendant whereby extensive damage was caused to the homes and properties resulting in substantial losses to the Plaintiffs. The Plaintiffs submit that the Second Defendant must be held liable for the negligence of its servants or agents resulting in the losses and damage suffered which included destruction to houses and their contents, destruction to trade stores and trading stock; destruction to domesticated animals and destruction to food gardens and cash crops.

Each Plaintiff seeks a sum of K2,000 for breach of constitutional rights hence the total of K850,000. This figure is based on similar awards made under this heading in earlier cases like John Tuin Salamon v The State and Others [1994] PNGLR 265; Toglai Apa & Others v The State (Reported National Court judgment, 1994) N1267; Steven Kirino and Others v The State (Unreported National Court Judgment, 1998) WS. 408 of 1995 and Simon Kaupa & Others v The State (Unreported National Court Judgment, 1998) WS. 88 of 1996 which have generally relied on the leading case of Tom Amaiu v Commissioner for Corrective Institution & Ors [1982] PNGLR 87. In the light of the overwhelming authorities, I have no difficulty in accepting this figure as the permissible sum allowed under this heading in this kind of cases.

Under this general heading further claims for physical and sexual assaults and deaths were also sought by the Plaintiffs but were not vigorously pursued at trial mainly because no evidence was led in each of those claim. On one hand, whilst these breaches raise separate and distinct heads of claims in common law for purposes of compensation, however, they could easily be merged and classified under one single heading of breaches of constitutional rights on the other, on the basis that their causes of actions are founded under the Constitution Sections 57 and 58, quite apart from the common law. In this respect one may argue that there is no impropriety in classifying breaches of constitutional rights as a cause of action per se in negligence or police raid cases where abuses of human rights guaranteed in the Constitution are pleaded.

I do not consider there to be any justification for any separate claim for damages for assault as distinct from the breach of constitutional rights in this particular case, which guaranteed rights have been pleaded as breached which include right to privacy (s.49), freedom from arbitrary search and entry (s.44), freedom from inhuman treatment (s.36), protection from unjust deprivation of property (s.53), right to life (s.35) and so forth that the police unquestionably violated and which ought to be compensated.

Various authorities cited by counsel for the Plaintiffs in his written submission, some of which were mentioned above, have awarded amounts ranging from K2,000 to K4,000. It is proposed that the Court award K2,000 to each 425 claimants for their damage.

On the evidence before me I am of the view that K2,000 per person would be an appropriate award for the breach of constitutional rights of the Plaintiffs. Plaintiffs therefore be awarded K850,000.00 in total as claimed.

As to the claim for damages for two deaths resulting from and directly attributed to the police raid concerned, I note that other than what is pleaded in the Statement of Claim, there is no specific evidence of both deaths with medical certificates showing date, place and cause of deaths concerned. No damages is therefore awarded under this heading.

Under the general heading of Special Damages the Plaintiffs claim property losses including burning of dwelling houses, trade store buildings and trading stock, food gardens and cash crops destroyed, domesticated animals and stealing of properties, etc. These losses are divided into these headings.

A total of 276 bush material houses were burnt to the ground or demolished with their contents. The plaintiffs’ claims for the value of their houses and/or contents, as per their affidavits, ranged from K400.00 (being the least expensive) to K6,000.00 (being the most expensive). The Plaintiffs’ evidence has not been refuted nor is there any contrary evidence. Notwithstanding this, the Court is mindful of the fact that the Plaintiffs’ evidence also falls short of giving precise descriptions of the houses and their contents as to their age, sustainability as a result normal wear and tear and whether they would have withstood any natural disaster.

I award a sum of K700 per person for the destruction of bush material houses and K300 per person for the loss of contents of the houses destroyed. The total amounts:-

The combined total loss for bush material houses and their contents amount to K280, 200.00 for the Plaintiffs concerned.

A total of 22 claimants deposed in their affidavits of losing semi-permanent houses during the Police raids when they were burnt down with all their contents intact. The Plaintiffs’ claim range from K600 to K12,000 for buildings and K600 to K5,000 for contents. A global sum of K5,000 for both house and contents is sought for each Plaintiff amounting to K95,000 under this claim.

In Aimon Aure & Others v Captain Peter Boko and PNG [1996] PNGLR 85 the Plaintiff was awarded the full amount of the loss he suffered when his permanent house was burnt down by the police in an unauthorised police raid. The court had no difficulty in awarding the Plaintiff the sum sought because he provided all relevant evidence including calling witnesses to testify as to the existence of that house.

There was no such evidence tendered before me except an assertion of this loss deposed to in a single affidavit of the deponents concerned.

I do not think K5,000.00 per person is an unreasonable amount for the owner of both the semi-permanent house and its contents therein and I award this amount.

A total of five trade stores were destroyed during the raids and losses for the buildings exclusively used for trade store business were estimated between K900 and K15,500 while stock ranged from K1,600 to K12,000. It was submitted that a global sum of K5,000 for both building and stock be allowed each Plaintiff for this claim which amounts to a total of K25,000.

I have approached this claim in the same way as my brother Injia, J did in Yange Lagan & 58 Ors vs. The State N1369 and for the same reason as he expressed in that case, I award the sum claimed by the plaintiffs in this case for the loss of their stores and stock in trade. The only difference is that they are not claiming loss of profits or business income except what they physically lost.

According to the Affidavits filed, about 81 plaintiffs lost a total of 217 pigs and their claim is estimated at K133,300.00. These were pigs either taken away or indiscriminately slaughtered at the raids by the Police. Pigs are symbol of wealth and power in the highlands and the value attached to them by the Plaintiffs based on value of similar pigs sold in the area are in the ordinary course of business in the Highlands the price that would be fetched for the owner in their own estimated market value. No concessions have been allowed and I see no reasons for these to be any reduction in their own estimation of the value of their pigs.

I therefore accept the value of the pigs as claimed. Thus the Plaintiffs are entitled to K133,300.00 for these losses for the reason given.

A total of 38 plaintiffs lost altogether 140 goats. The amounts claimed per goat ranged from K80 – K700. K80 per goat was proposed amounting to a total of K11,200 for this loss.

For similar reasons I gave with regard to the pigs, I award K80.00 per goat amounting to the total claimed.

Three Plaintiffs filed claims for losing a dog each, one was a German Shepherd. The breed for the other two were not disclosed. The Plaintiffs claimed K200, K200 and K40 respectively for each dog. It was submitted that each individual claim for the dogs be endorsed or approved as valued by their owners in the absence of contrary evidence.

There is no evidence on the condition of the dogs, whether they were well cared for and were capable of returning a good income to the owners equivalent to the value attached to each of them if they were sold on open market. I award therefore K150 for the German Shepperd and K40 each for the other two dogs of unspecified breed. Total amount awarded for the three dogs is K280.00.

Only one Plaintiff, Peter Num, deposed in his affidavit of losing a cow in the police raids. He claimed K500 for its loss. It was submitted that the Court accept this amount as there is no contrary evidence showing otherwise.

I have no reason to reject this claim in the light of the uncontradicted evidence before me. I award the Plaintiff K500.00.

A total of five Plaintiffs lost their business in small-scale poultry projects and chickens. Their claims range between K1,050 to K4,500 for the destruction of chickens or poultry sheds and feeds. They further claimed K10 to K15 for loss of 280 chickens. It was submitted that a global sum of K3,000 be allowed for poultry sheds and feeds per person and K10 for each chicken lost.

I would however be inclined to allow only K2,500 for the poultry sheds, feeds and the chickens to K12,500.00, a total of K15,000.00.

A total of 14 Plaintiffs claimed damages ranging from K950 to K1,600 for loss of unspecified ‘pets and animals’ without describing what they were. A global sum of K700 was asked which when computed amount to K9,800.00

Whilst I accept that no contrary evidence has been adduced to contradict this claim, I do not for one moment like to think that a Plaintiff in an action for damages be allowed such a vague and broad assertion to win his case, undefended it may be. Such a generalised claim for ‘pets and animals’ can hardly be valued in money terms except by pure speculation. There can be no worse case of unjust enrichment if such a claim were entertained and allowed.

About 247 plaintiffs lost food gardens and their cash crops destroyed particularly coffee trees. Loss of food gardens range from K300 to K12,600. Loss of cash crops estimated between K600 and K1,500 per person. A global sum of K2,000 was sought for loss of both food gardens and cash crops amounting to K494,000. There is no evidence of productivity and size or scale of these food gardens or cash crops such as reports from DPI field officers on the extent of the damage suffered.

But I accept that these losses have been suffered and I award K500 for loss of cash crops per person and another K500 person for food gardens per person, a total of K1,000.00 per person for this loss. Altogether the claimants get K247,000.00 for this claim.

A total of 17 plaintiffs claimed damages for the loss of 392 x 80kg bags of dried coffee beans. Their claims range between K120 – K250 per bag. In the absence of evidence to the contrary a global sum of K120 was proposed as a reasonable figure under this claim. The total amount payable is K47,040.00

Dried coffee does not depreciate in value. If the prices are still good, it will collect adequate return or income for the plaintiffs. I see no reason therefore to exclude this claim or reduce it in any way.

One Plaintiff, Gerry Wemin, deposed to an affidavit of losing a motor vehicle during that raid. For that loss he claimed K15,000.00 which the Court is urged to accept.

There is no evidence as to whether this vehicle was registered, in roadworthy condition, new or old at the time of its removal from the claimant. This could have been proven by obtaining details from the motor vehicle registry. There is no evidence from any other people who know that the claimant concerned was the owner of the vehicle concerned. Detailed description of the vehicle was also not produced including its registration number.

I therefore do not entertain this claim in full but I accept that the plaintiff did lose a vehicle, in the absence of evidence to the contrary, and I award a nominal sum of K3,000.00.

A total of 8 plaintiffs claimed damages ranging from K200 to K400 for the loss of their coffee pulpers. It was submitted in the absence of evidence to the contrary, a global sum of K200 per machine be allowed thus amounting to a total of K1,600.00

Allow this amount as being a modest sum and these items are of extreme value in the highlands where coffee is the predominant cash crop.

A total of 5 plaintiffs claimed losses of portable generators valued at K2,000, K2,000, K1,600, K2,600 and K5,600 respectively and for which they seek damages. There are no allowances made and each individual claim is pursued as pleaded in the writ and the affidavits filed in support. The total claim amounts to k13,800.00.

Again there is no evidence as to whether the amounts claimed are for brand new units or depreciated value of the generators stolen or damaged in the raids. I would therefore allow only 50% of the amounts claimed which are K1,000.00, K1,000.00, K800.00, K1,300.00 and K2,800.00. For this claim I award K7,900.00.

One Plaintiff claimed damages of K800 for the loss of his 1 x 1000 gallon (litre) water tank. The evidence does not show the age of the tank and its condition at the time of its destruction in the raids. However I do not consider K800 to be an exorbitant amount for a water tank of the capacity disclosed so I allow the amount to remain as claimed.

One plaintiff lost cash of K500 during the raid. A claim like this is very difficult to disprove but this does not mean that the plaintiff did not lose any money. As this evidence by the claimant concerned remains unchallenged, it is submitted that the Court must allow this amount. The Plaintiff shall have this amount he claimed. A man is entitled to keep his money anywhere he likes but he takes a great risk if he parts company with it through the work of a clever thief. However, if a man leaves his money in his house or has it in his possession and his deprived of it through an illegal act of the State agents entrusted with maintaining law and order, they must rightly be held accountable without any question asked.

I award no exemplary damages. I believe the Plaintiffs and the 423 claimants are already adequately compensated in their various claims by way of both general and special damages. Exemplary damages is a discretionary matter.

I feel that where the State is held vicariously liable for the tortuous acts or conduct of its servants or agents, there must be very clear evidence pointing to some policy directions or instructions authorising the police to act in the manner they did that resulted in the breaches complained of. This case is undefended and what the exact position of the State in this matter is unknown. The court has only assumed liability against the State by the operation of the National Court Rules because the Defendants have defaulted when they were clearly named as parties in this action.

In Peter Kuriti v PNG [1994] PNGLR 262 the court refused to award exemplary damages because the State was the only party sued for the actions of police in a raid of their village. None of the members involved in the raid were specifically named. Woods J applied the independent discretion rule to absolve the State from paying exemplary damages. At p.263 His Honour said:

"It is clear that the actions of the police had no authority in law and were, therefore, illegal, and the State is vicariously liable for the property damage and loss suffered by the people.

However, exemplary damages are a matter requiring special consideration. Generally, exemplary damages have been regarded as a mark of public censure against excessive misconduct. Exemplary damages are not to unjustly enrich a party but, rather, are symbolic of the public indignation.

In cases like this where police have obviously acted too strongly, unless there is a clear government policy or directive for the police to so act, how can the People, as embodied in the State, be punitively responsible for conduct which is in the independent discretion of the individual police officers involved? This court has no hesitation in finding that the State will be liable for the actual property loss, but how can we find that the State is also liable for the punitive aspect of the action, which is really action that came from the mind of the protagonists?"

The plaintiffs have not named in the writ any particular policeman or policemen of being actively involved or leading the members in the illegal act of destruction as in the case of Aimon Aure & Others v Captain Peter Boko and PNG [1996] PNGLR 85. That being so I do not think the People of Papua New Guinea through the State be held punitively liable for the criminal acts of a few hooligans amongst a majority of good law abiding policemen. In my view where there is clear evidence of deliberate police misconduct or misbehaviour going quite outside or beyond their normal call of duties, exemplary damages may be reasonably expected against the State, otherwise it should be held against the protagonists individually.

I award damages to the plaintiffs in the sum of K2,370,300.00 including interests. I must add for the benefit of the claimants that in claims of this magnitude where class actions are commenced in representative capacities by one or two persons for himself or themselves and multitude of others with similar complaint, some injustice creeps in the distribution of the proceeds of the judgments by the leaders and sometimes by third parties who have no fiducial interest in the matter at all. I make this observation in the light of similar experiences encountered in the recent past, particularly in Simbu and Western Highlands Provinces, where currently court actions are pending to recover such monies by disgruntled claimants.

In order to ensure that the 425 claimants in this case do not experience the same foul-play and be denied their share of allocation of what is rightfully theirs, the Table in the Judgment was purposely included to guide the leaders in the fair and just distribution of the proceeds of this award.

1.	Breach of Constitutional Rights	K 850,000
2.	Loss of Bush Material Houses & Contents	280,000
3.	Loss of Semi-Permanent Houses & Contents	110,000
4.	Loss of Trade Stores/Stock in Trade	25,000
5.	Loss of Pigs	133,300
6.	Loss of Goats	11,000
7.	Loss of Dogs	280
8.	Loss of Cow	500
9.	Poultry-Sheds, Stock-Feed & Chickens	12,500
10.	Loss of Food Gardens & Cash Crops	247,000
11.	Loss of Bags of Dried Coffee Beans	47,040
12.	Motor Vehicle	3,000
13.	Coffee Pulpers	1,600
14.	Portable Generators	7,900
15.	Water Tank	800
16.	Cash	500
	Total	K1,730,420.00
	Interest at 8%	K 639,880.00
	Total plus Interest =	K2,370,300.00

National Court of Papua New Guinea

Wemin v Kalasim [2001] PGNC 58; N2134 (21 June 2001)