Madang villagers win court case

In a landmark decision, villagers from Mirap Village in Madang Province were awarded K2,380,665.00 in damages for an unlawful police raid in 2008.

The case, Kasap v Morere [2024] PGNC 435, was decided by the National Court last Friday.  

The plaintiffs, led by Melchior Kasap, alleged that police officers from Bogia Police Station and the Madang Task Force unlawfully raided their village, subjecting them to physical abuse, verbal insults, theft, and destruction of property. The raid resulted in stolen money, damaged homes, and ruined crops.

The court ruled that these actions violated the villagers' human rights and awarded damages for their suffering.

In 2022, the court had already determined liability in favor of the plaintiffs. The defendants, including police officials and the State, failed to present any defense, leading to a clear ruling for the plaintiffs.

The damages awarded covered stolen money, property destruction, and general suffering. Each of the 67 plaintiffs received varying amounts, with compensation for personal loss and damage. For example, Alexia Sangang received K35,800.00 for stolen money and destroyed property, while other plaintiffs, such as John Mosi, were awarded similar amounts.

The total damages awarded were broken down into categories: K5,665 for stolen money, K30,000 for property destruction, K335,000 for general damages, and K2,010,000 for breaches of human rights. Interest was also awarded at 2% from August 15, 2022, to December 6, 2024, based on the Judicial Proceedings (Interest on Debts and Damages) Act 2015.

In addition to the damages, the State was ordered to pay K75,000.00 in legal costs. This amount covers the expenses incurred by the plaintiffs, particularly for their legal representation. The final orders include payment of the total sum to the plaintiffs, along with the interest and costs.

The matter is now considered resolved, with the court closing the case after issuing the final judgment and orders.