Tingke v Gitua [2012] PGNC 10; N4512 (17 January 2012)

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ASSESSMENT OF DAMAGES - Police raid - Destruction, looting and burning of houses, personal items, food gardens and livestock - Claim for general damages, special damages, exemplary damages and damages for breaches of Constitutional rights - Right to privacy - Right to unjust deprivation of property - Constitution - Sections 49, 53 & 58.

EVIDENCE - Proof of damages - Affidavit evidence of property loss - Affidavit itemising description of property and value of property loss - Verification of description of property and value of property loss - Production of photographs - No report from independent valuer - No receipts produced - Overwhelming uncontroverted evidence of value of property loss - Damages reduced by 25%.

This was a re-trial matter following the passing of the presiding judge. It was on assessment of damages following entry of default judgment arising from an unlawful police raid at the plaintiffs' villages in the Mt Hagen District of the Western Highlands Province on 26th August 1999. The plaintiffs claimed general damages, special damages, exemplary damages and damages for breaches of constitutional rights as a result of destruction, looting and burning of their houses, personal items, garden crops and livestock.

The defendants were represented by State lawyers in the office of the Solicitor-General and led no evidence to refute the evidence of the plaintiffs in relation to the property loss. Neither did defence counsel lead evidence to explain why the first and second defendants were not called to give evidence nor why she was unable to call them as witnesses for the defence case.

1. In cases of property loss such as police raid cases, there is no rule of law that the Court must not accept evidence of claimants that are not supported by independent valuation report. However, an independent valuation report is essential to verify that the claim is not exaggerated and false and the lack of it does not preclude the Court from awarding reasonable damages.

2. Despite lack of independent valuation report and receipts of payment to verify the description and value of property loss, there was overwhelming uncontroverted evidence establishing the description and value of property loss.

3. General damages assessed at K343,666.50 and reduced by 25% to take into account the lack of independent valuation report and receipts of payment. A sum of K257,749.88 was awarded as general damages.

5. Exemplary damages was ordered personally against the first and second defendants and they were ordered to pay a total sum of K24,000.00 where each were to pay K6,000.00.

6. Damages for breaches of constitutional rights, eg. right to privacy and right to unjust deprivation of property under sections 49 and 53 of the Constitution respectively, was awarded in the total sum of K24,000.00.

7. Given there was substantial delay in completing the matter associated with the long list of civil cases at Mt Hagen National Court, the parties' counsel's failure to file written submissions by the due date following completion of trial before the previous presiding judge and his passing which resulted in a re-trial of the matter, interest was awarded at 4% on the sum of K281,749.88 (K257,749.88 and K24,000.00) from the date of issue of writ to the date of judgment in the sum of K125,918.73.

Peter Wanis -v- Fred Sikiot & The State (1994) N1350
Anis Kewa -v- Desmond Kami & The State (2010) N3899
Lapun Aine & 21 Others -v- The State (2011) N4389
Aina Mond & Ors -v- Chief Inspector Robert Kalasim & The State (2004) N2638
James Liwa & Peter Kuriti & Markus Vanimo & The State (2008) N3486
Apa & Ors -v- The Police & The State [1995] PNGLR 43

1. MAKAIL, J: This is a re-trial matter following the passing of the presiding judge, late Hinchliffe, J in 2009. There are 24 plaintiffs in this action. They are members of Yamka Puntamb Ukimb sub-clan of the big Yamka tribe and reside at Kutupuga and Kuntila villages in the Mt Hagen District of the Western Highlands Province. They commenced this action through the principal plaintiff Mr Steven Tingke as representative for and on behalf of himself and them for damages arising from an unlawful raid conducted by members of the police force led by the first and second defendants at their villages on 26th August 1999. The plaintiffs are:

2. They alleged the first and second defendants and a group of unidentified policemen destroyed and/ or looted their houses, personal items, trade stores, gardens and livestock and claimed general damages, special damages, exemplary damages, damages for breaches of constitutional rights, interest at 8% and costs. Default judgment was entered against the third defendant on 09th March 2001 and the first and second defendants on 23rd March 2005. The matter came for trial on assessment of damages.

3. In support of each claim, each plaintiff filed an affidavit. There were in total, 30 affidavits, 24 of them by the plaintiffs and 6 by witnesses who witnessed the raid and identified the police from Kagamuga police station as the ones responsible for the raid. These witnesses were, Nelson Pupdi, Luther Ralda, Pora Rakina, Pep Popna, and Thomas Tepra. The 30 affidavits were marked exhibits from "P1" - "P30". These affidavits are listed in the notice of intention to rely on affidavits filed by the plaintiffs' lawyers on 24th February 2010. In addition, the following documents were tendered and marked as exhibits:

2. a photograph of identified as remains of a bush material house belonging to Petrus Kangap - exhibit "P32",

3. a photograph of identified as remains of a bush material house belonging to Sanange Mote - exhibit "P33",

4. a photograph of identified as remains of a bush material house belonging to Lo Rula - exhibit "P34", and

5. a photograph of identified as remains of a bush material house belonging to Koim Puka - exhibit "P35".

4. The combine effect of the evidence of the plaintiffs is that, on the morning of 26th August 1999, the plaintiffs were in their villages of Kutupung and Kuntila when a group of unidentified policemen led by the first and second defendants from Kagamuga Police Station arrived in motor vehicles to stop an inter clan fight between them and Yamka Puntamb Komb sub-clan. Instead of stopping the fight, the first and second defendants and the other members scared the people by firing several shots from firearms in different directions and set fire to dwelling houses. They also destroyed and/ or looted the plaintiffs' properties comprising of households items of various descriptions. They killed and looted livestock comprising of pigs, cassowaries, chickens, dogs and cats. The defence led no evidence to refute the plaintiffs' evidence in relation to their losses and the value of their losses.

5. The plaintiffs were cross-examined by defence counsel. Most of the questions by defence counsel were directed to how they came to quantify their respective claims and the basis of the valuation of their claims. Counsel also sought to discredit certain aspects of their evidence in relation to the type of property destroyed and/ or looted by the policemen and the genuineness of their claims. However, neither did counsel suggest on cross-examination of the plaintiffs and their witnesses nor has it been conceded by the plaintiffs and their witnesses that the raid was conducted by a rivalry sub-clan.

6. Further, the first and second defendants were not called to rebut the evidence that police raided the villages and gave further evidence that it was the rivalry sub-clan who raided the villages. This is an important aspect because in the absence of any admission by the plaintiffs that a rivalry sub-clan was responsible for the raid suggesting damages be apportioned between the defendants and the rival sub-clan, or evidence from the defence contradicting the plaintiffs' evidence of a police raid, it must be accepted that the police raided the plaintiffs' villages and the defendants must accept full liability.

7. Furthermore, I must say I have been impressed by the plaintiffs during cross-examination by the defence counsel. They maintained that policemen destroyed and/ or looted their properties of various descriptions including livestock. The defendants offered no evidence. That means, there is no evidence from them to support defence counsel's assertions that the plaintiffs did not own the houses, personal items, garden food and livestock or that their claims are false.

8. In the end, I am left with the overwhelming uncontroverted evidence of the plaintiffs inclusive of the photographs of remains of burnt dwelling houses that they suffered loss at the hands of the defendants on 26th August 1999. In terms of assessing damages, it is noted that the plaintiffs have set out the particulars of their losses in the statement of claim which I need not re-cite in full here because they have also set them out in each of their affidavits. Therefore, I will re-cite each plaintiff's claim below for the benefit of the parties.

9. But first, each plaintiff gave a figure as the value of the properties destroyed and/ or looted by the policemen but I am not satisfied that the amount truly represents the value of each item destroyed and/ or looted because there are no receipts of payments produced to verify the amounts. For it is trite that the plaintiff bears the onus of proof even though there is no evidence from the defendants disputing the value of the items: see Peter Wanis -v- Fred Sikiot & The State (1994) N1350.

10. Having said that, I am, nonetheless prepared to accept the amounts for two reasons. First, the amount for each item claimed by the plaintiffs appear reasonable and conservative and secondly, consistent with awards in past cases of similar nature. In Anis Kewa -v- Desmond Kami & The State (2010) N3899 and Lapun Aine & 21 Others -v- The State (2011) N4389 which were police raid cases, I took that approach where I said in Anis Kewa's case at pp 7 & 8:

"In terms of the value of destroyed items, whilst there are no receipts of payments to verify that the items cost K22,398.81 in total, I am nonetheless prepared to award this amount for two reasons. First, the amount is reasonable when each item is considered against the average purchase price of the same item at shops around town these days. For example, the video screen and the chair like the ones shown in the photographs (exhibits "P1", "P2", "P4" & "P5") would cost about K1,500.00 and K50.00 respectively.

Secondly, when I compare the value of each item in this case with past cases of John Tuink Salamon & Ors -v- George Wauglo & The State [1994] PNGLR 265; (1994) N1272; Peter Wanis -v- Fred Sikiot & The State (1994) N1350; Yange Langa & Ors -v- The State (1995) N1369 and Wama Kints & Ors -v- Senior Constable Pius Nukundi & The State (2001) N2113, the Court in those cases have made similar awards for similar items and so for purposes of consistency, I have decided to apply similar value for each item in this case. This comes up to K22,398.81. For these reasons, I award K22,398.81 as general damages."

11. As for the loss of houses, it is noted out of the 24 plaintiffs, 15 have claimed damages for loss of a house. These plaintiffs are Bot Put, Put Kup, Sanange Mote, John Anis, Sapina Mogl, Kauge Monge, Paulus Koldop, John Koldop, Anda Paiya, Koim Puka, Onda Kara, Mur Repet and Let Kangop. John Koldop also claimed loss of a trade store. Bot Put, Let Kangop, Sanange Mote, Lo Rula, and Koim Puka produced photographs of what they claimed are remains of their houses. Apart from that, all these plaintiffs gave evidence that the houses were made of bush materials. It is further noted the value of each house including the trade store ranged from K500.00 to K3,280.00.

12. On the evidence, I am satisfied these plaintiffs lost houses during the raid. The houses are made of bush materials. I am also satisfied on the value of the houses in each case. They are reasonable and consistent with awards in past cases. I will accept the amount claimed in each case. As for the loss of livestock, I am also satisfied the amounts are reasonable and accept them.

13. The plaintiffs' counsel further submitted given the lack of further evidence verifying the description and value of property loss such as independent valuation report and receipts of payment, the awards for each plaintiff be reduced by 25%. I accept this submission. The plaintiffs' evidence of the description and value of property loss have been itemised in detail in their respective affidavits. However, there is no independent valuation report and receipts of payment verifying the description and value of the property loss. I consider in cases of property loss such as police raid cases, while it is true that there is no rule of law the Court must not accept evidence of claimants that are not supported by independent valuation report, the Court must also be aware and conscious of exaggerated and false claims. Aina Mond & Ors -v- Chief Inspector Robert Kalasim & The State (2004) N2638. Thus, in my opinion, an independent valuation report is essential to verify that the claim of property loss is not exaggerated and false. As there is no further evidence of independent valuation report and receipts of payment, I will reduce the awards of each plaintiff by 25%.

Steven Tingke	-	20 Trousers, 15 shorts, 10 sports wear, 6 jackets, 3 boots @ K360.00, 4 belts, 1 hat, 1 Seiko watch @ K250.00 each. All clothes worth @ K2,013.00.

Tress Steven	-	20 Blouses, 15 skits, 7 jumpers, 12 lap laps, 2 sandals @ K80.00, 11 bilums @ K220.00. All clothes worth @ K1,029.00.

Lavinia Mote	-	10 skirts, 12 trousers, 6 jackets, 15 tops. All clothes worth @ K448.00.

Apellis Mote	-	10 shirts, 20 shorts, 15 coats, 15 trousers. All clothes worth @ K785.00.

Total		K4,275.00

Household items
1 x Snooker Table	K 3,500.00
1 x 21" Panasonic TV Screen	K 950.00
1 x VCR National brand	K 1,200.00
1 x Honda Portable generator	K 5,000.00
1 x Extension cord	K 3,000.00
1 x TV Antenna	K 300.00
1 x Panasonic 4 speaker radio CD player	K 1,000.00
1 x Panasonic camera	K 250.00
3 x pair of stockman shoes	K 450.00
1 x video camera Panasonic brand	K 7,000.00
	K22,650.00

Domestic Animals
8 X pigs @ K980.00	K 7,840.00
130 x Chicken @ K22.00 per chicken	K 2,860.00
	K10,700.00

Total		K37,625.00
Less 25%		K 9,406.25
TOTAL		K28,218.75

Household items
1 x Family house	K 2,500.00
5 x double mattress	K 750.00
2 x Single mattress	K 160.00
5 x Tiger blankets	K 750.00
5 x Bedsheets	K 50.00
5 x Bedcovers	K 60.00
7 x pillows	K 70.00
7 x pillow cases	K 30.00
1 x 4 speaker radio	K 400.00
20 x cassettes	K 200.00
2 x Adcor axes	K 40.00
4 x bush knives	K 64.00
4 x spades	K 64.00
2 x pruning saw	K 32.00
1 x coffee pulper	K 1,000.00
2 x 20 liters CP3 knapsacks Spray pump	K 500.00
2 x 5 liters gramoxone	K 200.00
1 X 5 liters round up	K 120.00
4 x saucepans	K 80.00
40 x spoons & forks	K 36.00
20 x cups	K 20.00
2 x Aluminum dishes	K 40.00
2 x kitchen knives	K 6.00
		K 7,172.00

Domestic Animals
4 x pigs @ K800.00	K 3,200.00
2 x cassowaries @ K500.00	K 1,000.00
3 x dogs @ K50.00	K 150.00
		K 4,350.00

Total		K13,727.00
Less 25%		K 3,431.75
TOTAL		K10,295.25

Household items
3 x double mattress	K 450.00
1 x single mattress	K 80.00
4 x tiger blankets	K 600.00
4 x bed sheets	K 32.00
4 x bed covers	K 40.00
2 x Coleman lamps	K 400.00
1 x hurricane lamp	K 20.00
2 x Adcor axes	K 40.00
2 x bush knives	K 64.00
4 x spades	K 64.00
1 x coffee pulper	K 1,000.00
2 x 20 liters GP3 knapsack pump	K 250.00
40 x spoons & forks	K 36.00
20 x plates	K 40.00
1 x 5 litres Gramoxone	K 120.00
1 x 5 litres Roundup	K 175.00
1 x Generator portable	K 2,500.00
1 x sewing machine	K 150.00
1 x Coleman sleeping bag	K 50.00
K 7,172.00

Domestic Animals
3 x pigs @ K900.00	K 2,700.00
2 x Dogs @ K50.00	K 100.00
	K 2,800.00

Total		K10,801.00
Less 25%		K 2,700.25
TOTAL		K 8,100.75

Put Kup-	10 trousers, 12 shirts, 3 coats, 1 suitcase @ K80.00.

Maria Pond-	10 blouses, 15 lap laps, 2 jackets, 1 suitcase @ K80.00.

Sent Put-	7 trousers, 2 pairs of stockman shoes @ K300.00, 12 shirts, 5 shorts, 4 t shirts 2 suitcase @ K160.00, 1 hat @ K30.00.

Weli Put-	12 trousers, 15 shirts, 2 coats, 1 pairs of stockman @ K150.00, 1 suitcase @ K80.00.

Kambi Put-	7 trousers, 15 shirts, 2 coats, 2 pairs of shoes @ K300.00, 1 suitcase @ K80.00.

Bepi Put-	14 blouse, 20 lap laps, 2 pairs of sandals @ K100.00, 1 suitcase @K80.00, 2 handbags @ K100.00.

Domonic Put-	10 Trousers, 15 shirts, 2 coats, 2 pairs of stockman shoes @ K300.00, 1 suitcase @ K80.00.

Total	K 4,670.00

Household items
1 x Family house	K 2,000.00
4 x double mattress	K 600.00
5 x Tiger blankets	K 750.00
6 x bedsheets	K 66.00
6 x pillows	K 42.00
3 x single mattress	K 270.00
6 x bed covers	K 60.00
4 x bush knives	K 64.00
2 x Adcor axes	K 40.00
4 x spades	K 80.00
2 x Metal handle hammer	K 40.00
2 x cross saws	K 50.00
2 x pruning saws	K 28.00
2 x coffee pulpers	K 2,000.00
3 x knapsack spray pumps	K 750.00
3 x 5 litres Gramoxone	K 300.00
1 x 5 litres Round up	K 100.00
20 x cups	K 40.00
20 x plates	K 40.00
40 x forks & spoons	K 40.00
3 x aluminum copper dishes	K 60.00
3 x big saucepans	K 60.00
2 x small saucepans	K 10.00
1 x Coleman lamp	K 200.00
3 x torches	K 24.00
2 x Panasonic 4 speaker radios	K 600.00
	K8,366.00

Domestic Animals
4 x Pigs @ K700.00	K2,800.00
2 x Cassowaries @ K800.00	K1,600.00
2 x Dogs @ K50.00	K 100.00
	K4,500.00

Garden Items

11 x Coffee trees	K 165.00
15 x Cassaurina trees	K 225.00
6 x Avocado trees	K 30.00
1 x Klinki pine tree	K 20.00
	K 430.00

Total		K17,976.00
Less 25%		K 4,494.00
TOTAL		K13,428.00

Household items
2 x double mattress	K 450.00
3 x tiger blankets	K 450.00
3 x bed sheets	K 30.00
3 x bed covers	K 30.00
1 x big saucepan	K 40.00
1 x small saucepan	K 10.00
1 x aluminum copper dish	K 20.00
10 x spoons	K 8.00
10 x cups	K 18.00
10 x forks	K 18.00
1 x Adcor axes	K 20.00
2 x hurricane lamps	K 40.00
1 x coleman lamp	K 200.00
2 x bush knives	K 32.00
2 x spades	K 32.00
1 x coffee pulper	K 1,000.00
2 x GP3 20 litres knapsack s/pump	K 500.00
1 x 5 litres gramoxone	K 100.00
1 x 5 litres round up	K 100.00
4 x drinking containers	K 25.00
1 x wooden hand hammer	K 12.00
1 x pruning saw	K 14.00
	K 3,149.00

Domestic Animals
6 x pigs @ K850.00	K 5,100.00
2 x cassowary @K600.00	K 1,200.00
1 x Dog @ K50.00	K 50.00
	K 6,350.00

Total		K11,739.00
Less 25%	K 2,934.75
TOTAL		K 8,804.25

Household items
3 x double mattress	K 450.00
4 x single mattress	K 320.00
3 x tiger blankets	K 450.00
3 x bed sheets		K 45.00
4 x pillows	K 28.00
1 x GP3 20 litres Knapsack s/pump	K 500.00
1 x Bental coffee pulper	K 700.00
1 x Coleman lamp	K 200.00
1 x Hurricane lamp	K 20.00
1 x 200 kg salter scale	K 400.00
1 x double speaker Panasonic radio	K 400.00
1 x wheel barrow	K 250.00
4 x 50 metres coffee drying canvas	K 600.00
1 x tool box	K 250.00
2 x bush knives	K 32.00
1 x Adcor axe	K 20.00
2 x Trojen spades	K 32.00
2 x pruning saws	K 40.00
3 x pruning secutears	K 12.00
2 x 5 litres Gramoxone	K 120.00
2 x 5 litres round up	K 170.00
10 x spoons	K 10.00
9 x plates	K 18.00
11 x cups	K 22.00
10 x forks	K 10.00
1 x aluminum copper dish	K 20.00
2 x saucepans	K 40.00
1 x tea pot	K 20.00
1 x Frying pan	K 15.00
3 x drinking containers	K 15.00
2 x plastic buckets	K 20.00
	K 5,229.00

Lo Rula-	10 trousers, 15 shirts, 2 pairs of stockman shoe @ K300.00, 2 cowboy hats @ K100.00 and 4 belt @ K80.00, 10 shorts, 2 coats, 1 jumper.
Anna Rula-	10 blouses, 20 lap laps, 3 jumpers, 6 bilums.

Total	K 1,720.00

Household items
4 x Double mattress		K 600.00
4 x tiger blankets		K 600.00
4 x pillows		K 40.00
4 x pillow case		K 12.00
5 x bed sheets		K 46.00
2 x Adcor axe		K 40.00
2 x bush knife		K 32.00
1 x metal handle hammer		K 14.00
2 x kitchen knives		K 8.00
10 x plates		K 20.00
15 x cups		K 30.00
10 x forks		K 10.00
10 x spoons		K 10.00
2 x teaspoons		K 10.00
2 x teapots		K 40.00
1 x coffee pulper		K 1,000.00
2 x CP3 20 litres knapsack s/pump		K 500.00
2 x 5 litres gramoxone		K 200.00
1 x 5 litres roundup		K 100.00
1 x sewing machine		K 150.00
1 x 4 speaker Panasonic radio		K 400.00
1 x TV screen		K 800.00
		K 4,652.00

Domestic Animals
6 x pigs @ K850.00		K 5,100.00
2 x cassowary @ K750.00		K 1,500.00
1 x dog @ K50.00		K 50.00
2 x cats @ K40.00		K 40.00
100 x chicken @ K10.00		K 100.00
		K 6,790.00

Total			K13,162.00
Less 25%			K 3,290.50
TOTAL			K 9,871.50

Sanange Mote-	15 trousers, 20 skirts, 5 shorts, 2 pairs of stockman shoe @ K300.00, 3 caps, 4 sports wear, 1 suitcase @ K80.00, 1 handbag @ K40.00, sun glass @ K20.00.
Nancy Mote-	15 blouses, 20 laplaps, 2 pairs of sandals @ K100.00 2 suitcase @ K100.00, 1 handbag @ K50.00.

Samuel Sanange-	10 trousers, 15 shirts, 2 caps, 1 suitcase@ K60.00.

Total	K 2,160.00

Household items
1 x family house		K 3,000.00
4 x double mattresses		K 600.00
2 x single mattresses		K 160.00
4 x Tiger blankets		K 600.00
4 x bed sheets		K 40.00
5 x pillows		K 25.00
5 x pillow cases		K 12.00
4 x mattresses covers		K 48.00
2 x sleeping bag		K 220.00
4 x bed cover		K 60.00
20 x spoons		K 16.00
20 x forks		K 16.00
20 x cups		K 30.00
20 x plates		K 45.00
2 x Adcore axes		K 20.00
2 x bush knives		K 64.00
4 x spades		K 64.00
2 x 5 litres gramoxone		K 200.00
1 x 5 litres round up		K 100.00
1 x coffee pulper		K 1,000.00
1 x CP3 20 litres knapsack s/pump		K 500.00
1 x teapot		K 20.00
1 x aluminum copper dish		K 20.00
1 x big saucepan		K 20.00
1 x small saucepan		K 10.00
2 x frying pan		K 8.00
Cash money		K 250.00
2 x mix bale second hand clothing		K 600.00
		K 7,748.00

Domestic Animals
2 x pigs @ K800.00		K 1,600.00
1 x cassowary @ K750.00		K 750.00
1 x dogs @ K50.00		K 50.00
10 x chicken @ K10.00		K 100.00
		K 2,500.00

Garden Items
500 x coffee trees		K 7,500.00
30 x banana trees		K 30.00
5 x pawpaw trees		K 50.00
100 x pineapple		K 100.00
50 x cassaurina trees		K 750.00
		K 8,430.00

Total			K20,838.00
Less 25%			K 5,209.50
TOTAL			K15,628.50

John Anis-	2 pairs of stockman shoes @ K300.00, 4 shorts, 8 trousers, 10 gentleman long sleeve shirts, 1 neck tie, 1 coat, 1 shaving machine, 1 after shave, 1 belt, 1 suitcase @ K80.00.
Balde Bimundi-	9 blouses, 5 lap laps, 3 sandals @ K150.00.
Besiva Anis-	7 dresses, 5 shirts, 5 stops, 2 sandals @ K150.00.
Solomon Anis-	5 trousers, 6 shorts, 6 shirts, 2 shoes@ K80.00.
Rebeka Anis-	1 handbag containing 1 dozen napkin and 1 dozen baby pants.

Total	K 1,800.00

Household items
1 x Family house		K 3,280.00
4 x double mattresses		K 600.00
4 x tiger blankets		K 300.00
4 x bed sheets		K 48.00
1 x bed cover		K 12.00
2 x sleeping bag		K 160.00
2 x 5 litres gramozone		K 150.00
1 x mountain bike		K 200.00
1 x Adcore axe		K 20.00
1 x coffee pulper		K 800.00
2 x GPS 20 litre snapsack s/pumps		K 350.00
1 x Coleman lamp		K 200.00
1 x 4 speaker radio		K 400.00
5 x Trojen spades		K 100.00
6 x bush knives		K 96.00
2 x digging picks		K 140.00
1 x wooden hammer		K 16.00
4 x pruning saws		K 60.00
2 x tea pots		K 40.00
4 x cooking saucepans		K 80.00
18 x plates		K 36.00
17 x spoons		K 17.00
14 x forks		K 14.00
15 x cups		K 30.00
2 x hurricane lamps		K 40.00
		K 7,189.00

Domestic Animals
5 x pigs @ K500.00		K 2,500.00
1 x Cassowary @ K700.00		K 700.00
1 x dog @ K50.00		K 50.00
1 x cat @ K20.00		K 20.00
		K 3,270.00

Garden Items
4 x bamboos
28 x cassaurina trees
34 x banana trees
75 x coffee trees
1 x garden with 100 potato plants
1 x garden with 150 bean plants		K 2,000.00

Total			K14,259.00
Less 25%			K 3,564.75
TOTAL			K10,694.25

Sapina Mogl-	7 blouses, 8 lap laps, 2 jumpers, 1 suitcase @ K70.00.
Polina Mogl-	10 dresses, 6 tops, 6 skirts.
Angela Mogl-	7 blouses, 10 lap laps, 2 jackets.
Junior Per Mogl-	6 trousers, 6 shirts, 2 pairs of shoes @ K300.00

Total	K 1,600.00

Household items
1 x Family house		K 400.00
3 x double mattresses		K 450.00
3 x blankets		K 60.00
3 x bed covers		K 60.00
2 x aluminum copper dishes		K 40.00
3 x bush knives		K 48.00
4 x spades		K 80.00
3 x sauce pans			K 60.00
1 x corrobar		K 50.00
1 x 50 metres canvas		K 200.00
		K 3,082.00

Domestic Animals
6 x pigs @ K400.00		K 2,400.00
1 x dogs @ K50.00		K 50.00
1 x cat @ K20.00		K 20.00
		K 2,520.00
Garden Items
1 x 80 kg bag full of potato seeds		K 100.00

Total			K 5,708.00
Less 25%			K 1,427.00
TOTAL			K 4,281.00

Kauge Monge-	10 shorts, 15 shirts, 2 suitcases @ K160.00, 1 suitcase full of fineries & costumes, 2 handbags @ K80.00.
Poning Kauga-	10 laplaps, 10 blouses, 2 jackets @ K150.00, 1 suitcase @ K80.00.
Pondok Kauga-	15 laplaps, 12 blouses, 2 jumpers @ K80.00, 1 suitcase K80.00.
Mikhui Kauga-	7 blouses, 10 laplaps, 1 jumper @ K40.00. 1 suitcase @ K80.00.
Pambit Kauga-	15 trousers, 20 shirts, 2 pairs of shoes @ K100.00, 1 suitcase @ K80.00.
Billy Kauga-	10 trousers, 15 shirts, 1 pair of shoe @ K40.00.

Total	K 2,355.00

Household items
1 x Family house		K 3,000.00
3 x big saucepans		K 60.00
2 x small saucepans		K 20.00
3 x aluminum copper dishes		K 60.00
2 x teapots		K 24.00
2 x frying pans		K 16.00
2 x potato peelers		K 6.00
20 x plates		K 40.00
20 x cups		K 18.00
20 x spoons		K 20.00
20 x forks		K 20.00
5 x double mattresses		K 750.00
5 x tiger blankets		K 750.00
2 x single mattresses		K 160.00
2 x hurricane lamps		K 40.00
2 x Coleman lamps		K 400.00
2 x kitchen knives		K 10.00
4 x bush knives		K 32.00
2 x Adcor axes		K 40.00
5 x pillows		K 25.00
5 x pillow cases		K 15.00
5 x bed covers		K 60.00
5 x bed sheets		K 50.00
4 x spades		K 64.00
4 x drinking containers		K 20.00
2 x coffee pulpers		K 2,000.00
3 x GP3 20 litres knapsack pump		K 900.00
3 x 5 litres gramoxine		K 300.00
3 x 5 litres round up		K 300.00
1 x empty 200L drum		K 20.00
Protective clothing		K 500.00
		K 9,720.00

Domestic Animals
5 x pigs @ K800.00		K 4,000.00
3 x pigs @ K600.00		K 1,800.00
2 x cassowaries @ K700.00		K 1,400.00
1 x dog @ K50.00		K 50.00
		K 7,250.00

Total			K19,325.00
Less 25%			K 4,831.25
TOTAL			K14,493.75

Paulus Koldop-	10 shorts, 7 shirts, 3 coats.
Kopel Koldop-	10 blouses, 10 lap laps, 3 jumpers, 2 suitcase, 2 hand bags, 4 bilums.
Koi Koldop-	10 trousers, 5 shorts, 10 shirts, 5 T shirts, 1 suitcase.
Total	K 4,220.00
Household items
1 x family house		K 2,500.00
4 x double mattress		K 300.00
4 x tiger blankets		K 300.00
4 x bed covers		K 60.00
4 x bed sheets		K 40.00
4 x wooden beds		K 450.00
1 x hurricane lamp		K 20.00
1 x Coleman lamp		K 200.00
150 x plates		K 30.00
15 x cups		K 26.00
20 x spoons		K 18.00
20 x forks		K 18.00
2 x aluminum copper dishes		K 40.00
2 x big saucepans		K 40.00
1 x small saucepan		K 10.00
1 x big tea pot		K 20.00
3 x buckets		K 45.00
5 x drinking containers		K 25.00
1 x coffee pulper		K 1,000.00
1 x 50 meters canvas		K 200.00
2 x CP3 20 litres knapsack pump		K 500.00
2 x 5 litres gramoxine			K 200.00
2 x 5 litres round up			K 200.00
		K 6,2342.00

Domestic Animals
4 x pigs @ K1,000.00		K 4,000.00
1 x cassowary @ K700.00		K 700.00
1 x dog @ K50.00		K 50.00
		K 4,750.00

Garden Items
140 x coffee trees		K 2,100.00
102 x banana trees		K 150.00
40 x bamboos		K 400.00
64 casarina trees		K 900.00
		K 3,550.00

Total			18,762.00
Less 25%			K 4,690.50
TOTAL			K14,071.50

John Koldop-	2 x pairs of stockman shoes @ K300.00, 10 shirts, 3 coats, 6 trousers.
Ketty John\-	10 lap laps, 5 blouses, 2 jackets.
Tyson John-	baby clothes @ K250.00, 1 suitcase @K90.00.
Total	K 1,210.00

Household items
1 x family house		K 600.00
1 x trade store		K 2,000.00
Trade store goods		K 3,000.00
1 x kerosene burner		K 70.00
3 x double mattresses		K 450.00
4 x single mattresses		K 200.00
10 x plates		K 20.00
10 spoons		K 8.00
10 x cups		K 12.00
4 x blankets		K 60.00
2 x wooden beds		300.00
4 x spades		K 80.00
3 x bush knives		K 48.00
2 x kitchen knives		K 8.00
1 x sewing machine		K 200.00
1 x coffee pulper		K 1,000.00
1 x coleman lamp		K 200.00
2 x CP3 20 litres knapsack pump		K 600.00
2 x 5 litres gramoxine		K 250.00
2 x 5 litres round up		K 300.00
		K 9,406.00

Domestic Animals
4 x pigs @ K500.00		K 2,000.00
1 x cassowary @ K700.00		K 700.00
2 x dog @ K50.00		K 100.00
1 x cat @ K20.00		K 20.00
		K 2,820.00

Garden Items
200 x pineapples		K 200.00
35 x banana trees		K 350.00
105 x coffee trees		K 1,575.00
25 x casarina trees		K 750.00
32 x vegetables (kumu)		K 320.00
		K 3,195.00

Total			16,631.00
Less 25%			K 4,157.75
TOTAL			K12,473.25

And Poiya-	10 trousers, 5 shorts,
	10 shirts/clothing @ K350.00.
Total	K 350.00

Household items
1 x living house		K 600.00
4 x tiger blankets		K 600.00
4 x Adcor axes		K 60.00
4 x bush knives		K 56.00
1 x metal handle hammer		K 17.00
2 x frying pans		K 12.00
1 x hurricane lamp		K 26.00
1 x coleman lamp		K 180.00
6 x cups		K 10.00
18 x plates		K 36.00
1 x coffee pulper		K 1,000.00
2 x kitchen knives		K 8.00
2 x potato peelers		K 3.00
4 x pruning saws		K 80.00
2 x pruning secutears		K 40.00
2 x aluminum copper dishes		K 60.00
20 x spoons		K 24.00
2 x sleeping bags		K 60.00
3 x bilums		K 120.00
1 x 5 litre gramoxone		K 75.00
2 x CP3 20 litres knapsack pumps		K 380.00

		K 2,847.00

Domestic Animals
5 x pigs @ K800.00		K 4,000.00
1 x dog @ K50.00		K 50.00
1 x cat @ K20.00		K 20.00
		K 4,070.00

Garden Items
5 x Sugarcanes		K 120.00
75 x cassaurina trees		K 150.00
7 x taros		K 35.00
12 x coffee trees		K 600.00
2 x avocado trees		K 150.00
		K 1,055.00

Total			8,922.00
Less 25%			K 2,230.50
TOTAL			K 6,691.50

Paulus Kewa-	clothing worth K200.00.
Monica Paulus-	clothing worth K300.00.
Total	K 500.00

Household Items
3 x double mattress		K 360.00
2 x tiger blankets		K 300.00
2 x bed sheet		K 24.00
3 x spades		K 45.00
2 x Adcor axes		K 30.00
1 x bush knife		K 14.00
2 x pruning saws		K 40.00
All kitchen utensils		K 700.00
2 x pairs of shoes @ K150.00 x 2		K 300.00
1 x radio 2 speaker		K 300.00
1 x camera		K 80.00
Cash		K 70.00
		K 2,263.00

Total			2,763.00
Less 25%			K 690.75
TOTAL			K 2,072.25

Kewa Keia, Christina Rangapa, Thomas Keia, Mang Kewa & Sapina Kewa. All family clothing worth -1,000.00 -
Sewing machine @K260.00, s
tockman shoe @ K150.00,
sandal @ K70.00.

Total	1,480.00

Household Items
All kitchen utensils	K 500.00
3 x spades	K 60.00
4 x bush knives	K 64.00
3 x Adcor axes	K 45.00
2 x hurricane lamps	K 42.00
4 x double mattresses	K 600.00
5 x blankets	K 60.00
4 x bed sheets	K 48.00
4 x pruning saws	K 60.00
2 x small radio @ K50.00	K 100.00
1 x teapot	K 25.00
1 x guitar	K 55.00
1 x 4 speaker radio	K 400.00
2 x coleman lamps	K 200.00
	K 2,259.00

Domestic Animals
2 x pigs @ K500.00	K 1,000.00
1 x cassowary	K 700.00
1 x dog @ K50.00	K 50.00
	K 1,750.00

Total		K 5,489.00
Less 25%		K 1,372.25
TOTAL		K 4,116.75

Kapis Mogl-	10 blouses, 10 laplaps, 3 jacket.
Sapina Kapis-	5 blouses, 8 lap laps, 2 jackets,
	2 handbags, 1 suitcase, 2 pair of sandals @ K80.00.
Total	K 840.00

Household Properties
1 x family house		K 700.00
4 x double mattresses		K 600.00
2 single mattresses		K 120.00
3 x Tiger blankets		K 450.00
3 x bedsheets		K 36.00
3 x bed covers		K 45.00
2 x aluminum copper dishes		K 40.00
2 x tea pots		K 40.00
1 x frying pan		K 17.00
3 x pillows		K 39.00
4 x pillow cases		K 15.00
2 x big saucepans		K 40.00
1 x small saucepan		K 12.00
18 x spoons		K 18.00
18 x plates		K 36.00
18 x forks		K 18.00
2 x kitchen knives		K 6.00
2 x bush knives		K 28.00
2 x spades		K 40.00
1 x Adcor axe		K 20.00
10 x cups		K 15.00
		K 2,335.00

Poultry House items
1 x poultry house		K 400.00
200 x day old chicks @ K14.00 per chicken		K 3,800.00
1 x Broiler starter 50kg @ K40.00 per bag		K 40.00
8 x broiler finisher 50kg @ K40.00 per bag		K 320.00
2 x drinking containers @ K100.00		K 200.00
2 x Feeders @ K70.00		K 140.00
2 x hurricane lamps		K 20.00
1 x coleman lamp		K 200.00
2 x plastic buckets		K 36.00
1 x 5 litre kerosene		K 4.00
3 x bag full of potato seeds K70.00		K 210.00
		K 5,370.00

Garden Items
100 x Vegetables plants		K 300.00
150 x bean plants		K 375.00
		K 675.00
Total			K 9,220.00
Less 25%			K 2,305.00
TOTAL			K 6,915.00

Paim Poiya-	10 blouses, 7 lap laps, 2 jumpers		K 230.00
Brass Poiya-	7 trousers, 10 shirts, 2 coats, 2 pairs of stockman shoes		K300.00 - K640.00,
2 suitcases			K80.00,
1 handbag			K30.00.

Total			900.00

Household items
1 x family house		K 1,500.00
2 x spades		K 40.00
2 x bush knives		K 32.00
1 x axe
2 x double mattresses		K 200.00
1 x single mattress		K 50.00
4 x tiger blankets		K 400.00
1 x Coleman lamp		K 200.00
1 x hurricane lamp		K 20.00
2 x plastic buckets		K 20.00
1 x frying pan		K 15.00
10 x plates		K 18.00
10 x cups		K 10.00
20 x spoons & forks		K 16.00
1 x GP3 Knapsack spray pump		K 300.00
		K 2,741.00

Domestic Animals
4 x pigs @ K850.00		K 3,400.00
2 x cassowaries @ K700.00		K 1,400.00
2 x dogs @ K50.00		K 100.00
2 x cats @ K40.00		K 80.00
		K 4,980.00

Garden Items
11 x banana trees		K 110.00
15 x coffee trees		K 225.00
7 x cassaurina trees		K 140.00
3 x avocado trees		K 80.00
4 x sugarcanes			K 80.00
		K 615.00

Total		K 9,236.00
Less 25%			2,309.00
TOTAL			6,927.00

Koim Puka-	clothes & 1 suitcase @ K80.00		K 200.00
Rosa Koim-	clothes worth		K 150.00
Steven Koim-	clothes worth		K 180.00
Kaka Koim-	clothes worth		K 180.00
Nikints Koim-	clothes worth		K 125.00
Sirak Koim-	clothes worth		K 120.00
			K 1,035.00

Household Items
1 x family house		K 500.00
3 x bush knives		K 42.00
4 x spades		K 40.00
3 x double mattresses		K 460.00
4 x chairs		K 80.00
4 x tiger blankets		K 600.00
2 x pair of stockman shoes		K 300.00
2 x saucepans		K 40.00
2 x aluminum copper dishes		K 40.00
1 x teapot		K 20.00
9 x plates		K 18.00
10 x cups		K 10.00
15 x spoons		K 12.00
1 x Hurricane lamp		K 20.00
1 x Coleman lamp		K 200.00
2 x CP3 knapsack spray pumps		K 250.00
1 x coffee pulper		K 1,000.00
1 x 2 speaker radio		K 300.00
1 x camera		K 70.00
1 x guitar		K 120.00
2 x 5 litre gramoxone		K 200.00
2 x plastic buckets		K 16.00
4 x drinking containers		K 80.00
1 x Seiko wall clock		K 40.00
		K 4,658.00

Domestic Animals
1 x pig @ K850.00		K 850.00
2 x dogs @ K50.00		K 100.00
1 x cat @ K20.00		K 20.00
		K 970.00

Total			K 6,663.00
Less 25%			K 1,665.75
TOTAL			K 4,997.25

Onda Kara-	10 trousers, 20 shirts, 10 shorts, 2 coats, 1 suitcase, 1 handbag, 2 pairs of shoes		K300.00.
Vero Onda-	10 blouses, 20 lap laps, 3 jackets, 1 suitcase.
Albert Onda-	5 trousers, 10 shirts, 2 coats, 2 pairs of shoes,		@ K100.00
	, 1 suitcase.		K80.00
Justin Onda-	7 trousers, 10 short, 10 shirts, 2 coats, 1 suitcase, 2 pair of shoe		K100.00.
Kela Mate Onda-	7 trousers, 10 shirts, 1 pair of shoe		K50.00,
	1 suitcase		K80.00.
Gere Onda-	10 trousers, 15 shirts, 10 shorts, 2 pair of shoes		K300.00,
	1 suitcase.		@ K80.00

Total		K 3,342.00

Household items
1 x family house		K 3,000.00
5 x double mattresses		K 750.00
5 x single mattresses		K 400.00
6 x tiger blankets		K 900.00
6 x bed sheets		K 72.00
3 x bed covers		K 30.00
6 x pillows		K 30.00
6 x pillow cases		K 18.00
2 x patrol boxes		K 200.00
3 x big saucepans		K 60.00
2 x small saucepans		K 24.00
2 x aluminum copper dishes		K 30.00
4 x Adcor axes		K 80.00
2 x teapots		K 40.00
20 x cups		K 30.00
20 x plates		K 40.00
20 x spoons		K 4.00
20 x forks		K 4.00
3 x 40 w f/fitting 36 x 3		K 100.00
1 x VHF TV antenna		K 120.00
2 x racks		K 24.00
5 x spades		K 100.00
6 x bush knives		K 96.00
4 x pruning saws		K 100.00
4 x pruning secutears		K 60.00
2 x Hurricane lamps		K 40.00
2 x Coleman lamps		K 400.00
1 x sewing machine			K 200.00
1 x 4 speaker 120 w radio		K 900.00
1 x Honda portable generator		K 3,000.00
1 x Sharp 24" colour TV		K 900.00
1 x power guard clean line system		K 200.00
1 x VCR Panasonic		K 200.00
1 x electrical extension cord		K 100.00
10 x packet nails		K 50.00
		K12,302.00

Materials for Permanent House
800 x pcs 3 x 2 m timbers		K 4,000.00
300 x pcs 4 x 2 timber		s	K 2,400.00
400 x pcs 4 x 1 m timbers		K 3,000.00
50 x pcs 4 x 6 m timbers		K 3,600.00
40 x welded posts		K 2,000.00
50 x plywood		K 1,500.00
Sawn timbers		K 1,000.00
		K17,500.00

Domestic Animals
4 x pigs @ K1,000.00		K 4,000.00
2 x dogs @ K50.00		K 100.00
2 x cat @ K20.00		K 40.00
		K 4,140.00

Garden Items
45 x mature coffee trees		K 675.00
50 x banana trees		K 250.00
35 x pineapples		K 35.00
10 x cassaurina trees		K 150.00
		K 1,110.00

Total			K38,394.00
Less 25%			K 9,598.50
TOTAL			K28,795.50

Mur Repet-	10 blouses, 15 laplaps, 2 jackets, 1 suitcase @ K80.00, 1 handbag @ K30.00.
Wanpis Rept-	2 pair of stockman shoes @ K300.00, 10 Trousers, 14 shirts, 10 shorts, 5 T shirts, 1 suitcase @ K80.00, 1 handbag, 1 sun glass @ K20.00, 10 socks
Jeffry Repet-	10 trousers, 15 shirts, 5 shorts, 2 coats, 2 pair of shoes @ K300.00, 3 pairs of stocks.
Want Repet-	10 trousers, 15 shirts, 2 coats, 3 T shirts, 2 pair of shoes @ K300.00, 3 pair of shocks.
Ellie Mur	12 blouses, 20 lap laps, 2 pair of sandals @ K100.00, 1 suitcase @ K80.00.
Jacklin Repet-	12 blouses, 16 lap laps, 2 jumpers, 2 pairs of sandals, @ K100.00.
Betty Repet-	13 blouses, 14 lap laps, 1 pair of sandal @ K50.00, 2 jumpers @ K80.00.

Total	K 2,605,00

Household items
1 x family house		K 2,000.00
4 x double mattresses		K 600.00
2 x single mattresses		K 120.00
6 x tiger blankets		K 900.00
6 x pillows		K 30.00
6 x pillow cases		K 18.00
6 x bed covers		K 72.00
3 x saucepans		K 60.00
2 x teapots		K 40.00
2 x frying pans		K 30.00
3 x aluminum copper dishes		K 60.00
20 x spoons		K 20.00
20 x forks		K 20.00
15 x plates		K 30.00
15 x cups		K 22.00
4 x drinking containers		K 25.00
20 x cassettes		K 720.00
3 x kitchen knives		K 9.00
3 x potato peelers		K 6.00
4 x bush knives		K 64.00
4 x spades		K 80.00
1 x coffee pulper		K 1,000.00
2 x 20 litre CP3 knapsack pumps		K 500.00
2 x 5 litres gramoxone		K 200.00
2 x 5 litres round up		K 200.00
1 x 200 litres empty drum		K 20.00
2 x small saucepans		K 20.00
1 x litre karate (insecticide)		K 200.00
1 x mountain bike		K 300.00
2 x Adcor Axes		K 40.00
3 x radio speakers		K 200.00
1 x amplifier		K 700.00
1 x radio 4 speaker		K 500.00
		K 8,806.00

Domestic Animals
5 x pigs @ K600.00		K 3,000.00
1 x cassowary		K 700.00
2 x dogs @ K50.00		K 100.00
2 x cats @ K20.00		K 40.00
		K 3,840.00

Total			K15,251.00
Less 25%			K 3,812.75
TOTAL			K11,438.25

Let Kangop-	15 trousers, 20 shirts, 3 coats, 2 pair of stockman shoes @ K300.00, 2 suitcases @ K160.00.

Dalde Kangop-	13 blouses, 16 lap laps, 3 jumpers, 8 bilums @ K320.00, 1 suitcase @ K80.00.

Joseph Let-	10 trousers, 10 shirts, 5 short, 2 coats, 2 pair of shoes@ K300.00, 1 suitcase @ K60.00.

Jara Let-	7 blouses, 10 lap laps, 2 pair of sandals @ K100.00 and 1 suitcase @ K80.00. Soti Let -3 blouses, 6 lap laps, 3 dresses, 3 tops, 1 suitcase @ K50.00.Junior Let -8 shorts, 15 shirts, 2 sandals @ K100.00, 1 suitcase@ K40.00.

Total	K 4,005.00

Household items
1 x family house	K 3,000.00
4 x double mattress	K 600.00
2 x single mattress	K 100.00
4 x tiger blankets	K 600.00
4 x bed covers	K 48.00
4 x bed sheets	K 40.00
4 x pillows	K 48.00
4 x pillow cases	K 12.00
4 x bush knives	K 32.00
2 x axes	K 40.00
1 x hammer	K 17.00
1 x 4 speaker radio	K 350.00
1 x big saucepan	K 20.00
3 x small saucepans	K 30.00
20 x cups	K 20.00
20 x plates	K 40.00
40 x spoons & forks	K 40.00
3 x aluminum copper dishes	K 60.00
1 x teapot	K 20.00
1 x coffee pulper	K 1,000.00
1 x 20 litres CP3 knapsack pump K 350.00
1 x 5 litres gramoxone		K 85.00
1 x 2 litres round up	K 75.00
	K 6,627.00

Garden Items
200 x coffee trees	K 3,000.00
17 x cassaurina trees	K 255.00
48 x banana trees	K 250.00
25 x pineapples	K 50.00
	K 3,555.00

Total		14,187.00
Less 25%		K 3,546.75
TOTAL		K10,640.25
			__________
Sub-Total			43,666.50
Less 25%			85,916.62
			___________
GRAND TOTAL			K257,749.88

15. Counsel for the plaintiffs abandoned the claim for special damages in his submissions so I need not consider it.

16. For exemplary damages, the plaintiffs' counsel submitted the Court award it as a symbol of the Court's indignation against such conduct by members of the police force. It would have a strong deterrent effect on other servants and agents of the State. Each plaintiff claimed K1,000.00 against the first and second defendants. It is noted with great concern the State lawyers from the office of the Solicitor-General have represented the first and second defendants. Thus, the first and second defendants have had the benefit of legal services and one would have thought they would have come forward to present their case before the Court through their lawyers.

17. No evidence has been put before the Court by their counsel to explain why they have not been called as witnesses or why she was unable to call them as witnesses for the defence case. As a result, the Court is left with no evidence from the first and second defendants in response to the plaintiffs' claim for exemplary damages to be personally borne by them. Further, no submissions have been put forward by defence counsel to assist the Court in its deliberation on this issue. Thus, the Court is left with only the submissions of the plaintiffs' counsel.

18. The amount of K1,000.00 is proposed. In my view, it is a reasonable amount and I see no reason not to award this amount. This amount is less than awards made in past cases of James Liwa & Peter Kuriti & Markus Vanimo & The State (2008) N3486 and Anis Kewa (supra) where I awarded K2,000.00 against each police officer. For these reasons, I order the first and second defendants to personally pay K1,000.00 to the plaintiffs as a symbol of the Court's indignation toward this kind of conduct by members of the disciplinary forces. The total sum is K24,000.00. As four police officers have been identified as Inspector Gitua, Constable Joseph Misplak, Auxillary police constables James Goimba and Las Pukaim, they are ordered to pay K6,000.00 each to the plaintiffs.

19. As for damages for breaches of constitutional rights, the plaintiffs' counsel submitted the actions of the defendants have breached at least two fundamental rights of the plaintiffs under the Constitution. They are right to privacy and right to unjust deprivation of property under sections 49 and 53 of the Constitution. He submitted a fair and reasonable amount under this head of damages is K1,000.00 for each plaintiff. Again, no submissions have been put forward by defence counsel in relation to this head of damages. The Court is, thus left with the plaintiffs' submissions.

20. On the evidence, I am satisfied the actions of the defendants constituted serious breaches of the plaintiffs' right to privacy and right to unjust deprivation of property under sections 49 and 53 of the Constitution. The evidence depicted a mass destruction and looting of property of two villages. The defendants have not only entered homes of the plaintiffs without permission or authority but also destroyed and looted their property. As a result, people lost houses, personal items, garden crops and livestock. Their actions are in direct breach of their mandated duty and also in breach of the plaintiffs' right to privacy and right to unjust deprivation of property because they are mandated by the same Constitution to protect lives of people and property in their pursuit to preserve peace and good order in the country: section 197(1) of the Constitution.

21. Thus, in my view, the plaintiffs are entitled to damages under section 58 of the Constitution. As Sheehan, J said in Apa & Ors -v- The Police & The State [1995] PNGLR 43 at 49:

"The wilful destruction of citizens homes and even whole villages, without justification or lawful excuse is clearly a breach of fundamental constitutional rights. It is worse then that, it is criminal, but in any case certainly warranting the compensation that Section 58 of the Constitution envisages."

22. In the circumstances, I am satisfied there should be a separate award of damages for breaches of the plaintiffs' constitutional rights. The amount of K1,000.00 proposed by the plaintiffs' counsel is not unreasonable and I award that amount for each plaintiff which gives a total sum of K24,000.00.

23. Interest is a discretionary matter. In the exercise of my discretion under section 1 of the Judicial Proceedings (Interest on Debts and Damages) Act, Ch 52, I award interest at 4% from the date of issue of writ of summons of 06th November 2000 to the date of judgment today. I do so because while it is fair and just that the plaintiffs be awarded interest to compensate them for lost time since the unlawful raid on 26th August 1999, there has been substantial delay in completing the matter associated with long list of civil cases at Mt Hagen National Court and the matter was tried before late Hinchliffe, J on 23rd November 2007 with written submissions to be filed by counsel by 03rd December 2007. Submissions were not filed by the due date and the matter was further adjourned and the late judge subsequently passed away in 2009. Following that, the matter came for re-trial on 17th and 18th May 2010. From 06th November 2000 to date of judgment of 17th January 2012 is 4,079 days. Four percents (4%) of the total principal judgment of K281,749.88 (K257,749.88 and K24,000.00) per annum is K30.87 per day. Multiply that amount by 4,079 days gives K125,918.73. I award 4% interest in the sum of K125,918.73.

24. I enter judgment in the total sum of K407,668.61 inclusive of 4% interest from date of issue of writ of summons to date of judgment. In addition, I enter judgment in the sum of K24,000.00 against the first and second defendants as exemplary damages. I also order the defendants to pay the plaintiffs' cost of the proceeding to be taxed if not agreed and time for entry of these orders shall be abridged.

Paulus Kunai Lawyers: Lawyers for Plaintiffs
Acting Solicitor-General: Lawyers for Defendants

Bob Put-	10 Trousers, 15 shirts, 2 coats, 1 suitcase @K80.00, 2 pair of stock man shoes @ K300.00.

Mon Bob-	10 Blouses, 15 laplaps, 3 jackets, 1 suitcase @K80.00, 2 handbags @ K80.00, 1 pair of sandal K50.00.

Junior Bob-	12 Trousers, 17 shirts, 1 suitcase @ K80.00, 1 pair of shoe @ K50.00, 2 jackets @ K100.00.

Total	K 2,205.00

Mantila Put-	15 trousers, 20 shirts, 2 suitcases @ K160.00, 2 handbags @ K100.00, 2 coats, 2 pairs of shoes @ K200.00.

Mrs Mantila Put-	10 blouses, 13 lap laps, 5 bilums @ K200.00, 1 suitcase @ K80.00, 2 pairs of sandal @ K100.00.

Juinor Mantila-	Handbag full of clothing @K300.00, baby dish @ K20.00.

Total	K 1,890.00

Rut Kopel-	10 trousers, 15 shirts, 2 coats, 2 pairs of stockman shoes @ K300.00, 1 suitcase @ K80.00.

Anna Rut-	12 blouses, 20 lap laps, 6 bilums, 1 suitcase @ K80.00, 2 handbags @ K80.00.

Boss Rut-	15 trousers, 20 shirts, 2 pairs of stockman shoes @ K300.00, 1 suitcase @ K80.00, 2 handbags @ K80.00

Total	K2,240.00

Mote Watinga -	7 shorts, 8 shirts, 3 coats, 3 pair of shoes, 2 sports wear.

Elisa Mote-	6 blouses, 7 lap laps, 2 jumpers, 8 bilums.

Pawa Mote-	5 shirts, 4 shorts, 1 pair of shoe, 2 sports wear.

Sendra Mote-	5 blouses, 4 lap laps, 2 dresses, 1 jumper, 2 pairs of thongs

Dessy Mote-	3 blouses, 2 dresses.

Total	K 1,131.00

Petrus Kangop-	8 trousers, 3 sports wear, 2 coats, 7 shirts, 2 caps, 1 stockman shoe.
Kupin Kangop-	7 blouses, 7 laplaps, 2 jumpers, 6 bilums.
Wilson Petros-	6 trousers, 8 shirts.
Bill Petrol-	5 trousers, 5 shirts.
Sara Petro-	6 dresses, 3 shirts.
Ruk Petrols-	3 dozen nappies, 9 baby plastic plants.
Kaiya Kangop-	6 dresses, 8 skirts.

Total	K 984.00

1.	Steven Tingke,	13.	Paulus Koldop,
2.	Let Kangop,	14.	Kauge Monge,
3.	Mur Repet,	15.	Sapina Mogl
4.	Onda Kara,	16.	John Anis,
5.	Koim Puka,	17.	Sanange Mote,
6.	Ane Poka,	18.	Lo Rula,
7.	Piam Poiya,	19.	Petros Kangop,
8.	Kapis Molg,	20.	Mote Watinga,
9.	Kewa Keiya,	21.	Rut Kopel,
10.	Paulus Kewa,	22.	Put Kup,
11.	Anda Poiya,	23.	Mantila Put,
12.	John Koldop,	24.	Bot Put.

Household items
1 x double mattress	K 150.00
4 x single mattress	K 400.00
2 x tiger blankets	K 300.00
3 x blankets	K 50.00
3 x bed sheets	K 36.00
4 x pillows	K 24.00
2 x handbags	K 80.00
1 x suitcase	K 75.00
1 x axe	K 20.00
2 x bush knives	K 32.00
1 x hammer	K 20.00
2 x kitchen knives	K 12.00
1 x double speaker Panasonic radio	K 500.00
2 x cooking pots	K 40.00
1 x tea pot & 2 copper dish	K 80.00
	K 859.00


Domestic Animals
8 x pigs@K1,000.00	K 8,000.00
6 x cassowary @ K400.00	K 2,400.00
1 x dogs @ K50.00	K 50.00
1 x cat @ K50.00	K 50.00
	K10,500.00

Garden Items
35 x mature coffee tress	K 525.00
2 x young coffee tress		K 20.00
12 x cassaurrina trees	K 180.00
8 x mature banana trees	K 80.00
	K 805.00

Total		K17,518.00
Less 25%		K 4,379.50
TOTAL		K13,138.50

Ane Poka-1 x coffee pulper	K 1,000.00
1 x CP3 knapsack spray pump	K 300.00
4 x pigs @ K1,000.00	K 4,000.00
1 x wheel barrow	K 300.00
	K 5,600.00

Total	5,600.00
Less 25%	K 1,400.00

TOTAL	K 4,200.00

National Court of Papua New Guinea

Tingke v Gitua [2012] PGNC 10; N4512 (17 January 2012)