It's a 16 year old case that is finally going to trial. The agrrieved party want justice.
See script below 👇👇👇 for background to this
SCRIPT
A group of more than 300 settlers at Two Mile Hill in Port Moresby will take the state to court for alleged unlawful raid and destruction to their dwellings by police and NCDC officials in 2006.
They filed a claim against the state and as trial was about to proceed in 2023, the state filed an objection to the claims for non compliance with procedures to file a Section 5 notice.
Acting Judge Pauline Bre yesterday refused the states application to dismiss the 16 year old case for claims against the state saying it was an abuse of process.
Peter Null and 313 others took the state, the National Capital District Commission and a former acting police commissioner, now deceased Fred Sheekiot to court
They alleged unlawful raid and destruction by police and NCDC officials to their dwellings and properties on 30 November 2006 at Pruth Street, 2 Mile Hill, National Capital District
The state then filed an application to dismiss the case for non compliance with section 5 notice just when the matter was going to trial before Acting Judge Pauline Bre in 2023
It argued the section 5 notice was addressed to the Attorney General then Fred Tomo but it should have been addressed to the Head of Department or the Secretary of the Justice Department or the Solicitor General
The state argued that the Attorney General is not an office lawfully recognized to receive a section 5 notice
A further argument by the state was that the claims against the state contained in a letter and acknowledged by Fred Tomo did not provide details of tortfeasers- an individual or entity that has been found to have committed a civil offense that injures another party.
After careful considerations on submissions and law, Acting Judge Bre said the section 5 notice was sufficiently served to the acting attorney general Fred Tomo
Acting judge Bre also considered the long period it had taken to settle the issue
She said it is unjust and an abuse of process for the state to raise preliminary issues of Section 5 notice at the very late state of the proceedings.
She also said details of individuals or entities found to have committed an offence should have been raised earlier.
Acting Judge Bre was set to hear the matter in late 2023 when the issue was raised and trial vacated
The claims by Peter Null and 313 others at Two Mile Hill in Port Moresby will now go to trial with a date to be set.
The plaintiffs outside of court were elated. Many said it had taken them 16 years and some of them had passed on.
Негізгі бет Two Mile Hill settlers allowed to take state to court
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