Rights breached by reservist

A Human Rights case filed against a member of the NCDC Police reserve Unit and the state will continue for assessment of damages in the National Court after it was established rights were breached.

Alua Sipi filed the case, claiming his human rights was breached when he was physically assaulted by members of the NCDC Police Reserve unit on 19 January 2015.

A Trial was conducted and the National court which found that Sipi established liability against Constable Nelson Dauwai and the state.

He established a cause of action for the breach of his human rights, in particular, section 36(1)- Freedom from Inhuman Treatment, section 37(1)- Protection of the Law and section 41(1)- Proscribed Acts of the Constitution.

 Sipi went to Pari village that day to visit friends when he was assaulted by police reservists and arrested for his suspected involvement in a betel nut smuggling operation.

He was taken to the Tapot police post at Four mile where he was charged with unlawful possession of a police uniform and unlawful transportation of betel nut.

There he was further assaulted where he suffered facial injuries.

He was later taken to the Boroko Police station and paid K300 for bail.

He maintained he was entirely innocent and at no time was impersonating police or involved in betel nut smuggling.

Sipi filed the human rights proceeding, seeking damages against three people, he claimed to be members of the police reserve unit who assaulted him. The Police Commissioner and the state.

However he failed to establish liability against two members of the police reserve unit and the police Commissioner.

The proceeding will continue at a later date against Constable Dauwai and the state for assessment of damages.

It was found the state was vicariously liable for the human rights breaches committed by Constable Dauwai and members of the NCDC reserve Police unit as they are under the command and control of the Commissioner of Police.

Sally Pokiton