High Court awards Dr Aipia SBD41Million plus in damages for ‘wrongful arrest, detention and imprisonment’
THE HIGH COURT has awarded medical doctor Reginald Aipia more than $41 million in damages for “wrongful arrest, detention and imprisonment”.
Judge Emannuel Kouhota made the ruling on Tuesday, saying he had reduced the initial claim of $50 million because the decision on this was made many years back.
Dr Aipia successfully appealed the initial High Court decision to the Court of Appeal. At the same time the Court of Appeal ordered the value of the damages be assessed.
This week’s decision is the result of the assessment.
“I had taken into account the cases authorities referred to by counsel for the parties on principle relating to damages. I take into account the damages awarded by courts in this jurisdiction and other jurisdiction referred to by counsels.
“In considering this, I remind myself that cases authorities referred were decided many years back, Judge Kohota said in his written judgement.
“I therefore considered that the amount of damages referred to are not relevant today.
“I have taken into account the amount of damages awarded by the courts in this jurisdiction for some of the head of damages assessed and based on those, reduced the amount of general damages claimed by the Claimant.
“In considering the damages to be awarded, I also take into account the standing and status of the Claimant in the community and damages he suffered to his reputation and have caused to his business.”
“Having considered all the circumstances of this case, I consider awarding the following damages as fair,” Judge Kohota said.
1. Unlawful arrest and False Imprisonment SBD200, 000. 00
2. Aggravated damages – SBD300, 000.00
3. Malicious Prosecution – SBD200, 000.00
4. Loss of goods supplied – SBD350, 000.00
5. Loss of establishment cost – SBD400, 000.00
6. Loss of earnings from harvesting – SBD8, 512, 162.23
7. Loss of business and Earnings from Medical
Practice – SBD22, 265, 625.00
8. Consequential loss by 12th September 2017 Arrest – SBD1, 218, 077.45
9. Loss of Property – SBD1, 455, 911.79
10. Forced sale loss – SBD1, 368, 196.18
11. Exeplary Dames – SBD200, 000.00
12. Legal cost [Criminal prosecution] – SBD378, 110.00
13. Legal Cost [proceedings cost] – SBD6, 132, 000.00
TOTAL AWARD = SBD41, 174, 170.86
Judge Kouhota also had a word for the defence.
“The defence produced no evidence to dispute the amounts. So, it seems they are basically challenging the Claimant’s claim for damages on technical ground.”
Dr Aipia’s lawyer Wilson Rano was due to formally inform the High Court his client has accepted the revised award.
“Declining the assessed value would only prolong settling the matter. I have suffered enough and I think this is a reasonable offer. I am inclined to accept it,” Dr Aipia told Solomon Star after the ruling on Tuesday.
Dr Aipia’s lawyer would also seek a formal order by the High Court for the government to settle the payment. He suggested that the government consider paying him beche de mer, which he said is being “illegally harvested now in the Malaita Outer Islands.
The very people who falsely accused me of illegally harvesting beche de mer are now illegally harvesting the beche de mer. The government should confiscate these from the people and in turn pay me with the beche de mer,” he said.
“For example, the very people who reported me to the police for illegal harvesting of beche de mer, which resulted in my arrest, are harvesting the same thing now in spite of the fact that it is an off season.
“The Government can give me 40tons of beche de mer as my payment. I will then sell it to recoup my compensation claim. I have buyers who are ready to buy them from me.
“I am just trying to be helpful to the government, given the tens of millions of dollars it faces in litigation,” Dr Aipia said.
By Alfred Sasako
