Acting Judge Pauline Bre has refused the states application to dismiss a 16 year old case for claims against the state.
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 for trial 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 further argued that the Attorney General is not an office lawfully recognized to receive a section 5 notice.
Another argument by the state was that the claims against the state presented in a letter 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 stage 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.
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