Five claimants who sustained personal injuries during a violent confrontation at Funataripu village in Big Bay, Santo, in August 2020 have been awarded a total of Vt 220,000.
The amount awarded is only 4.25% of the amount sought by the claimants.
Supreme Court Judge, Oliver Saksak delivered the judgment this week in George v Bune and Others, involving 15 defendants who had previously pleaded guilty to unlawful assembly and riot charges arising from the incident.
The 5 claimants had sought more than VT5.17 million in compensation for the loss of houses, personal belongings, animals, kava and other garden crops, as well as VT250,000 each for physical injuries.
However, the Court dismissed the claims relating to property and crop losses, finding that the evidence did not establish that the individual defendants were specifically responsible for the alleged destruction.
Justice Saksak said “speculation and guess work is never enough” to prove a claim for damages.
The Court found that the personal injuries sustained during the confrontation were established and awarded nominal damages to five claimants.
Woiatin George was awarded VT40,000, Seule Woiatin VT20,000, Philip Woiatin VT80,000, David Tavue VT60,000 and Rolland Tavue VT20,000.
Justice Saksak said the nominal awards reflected the circumstances of the confrontation, noting that “the actions of the defendants were provoked by the actions of the claimants in the first place.”
The defendants were ordered to pay the amounts individually according to the Court’s findings.
