In its judgment the Supreme Court found there was no evidence to support the assaults on the appellant in 2010. The appellant claimed for damages, together with 5% per annum interest and costs under the following heads:Ĥ.
These assaults all occurred as a result of correctional officers’ breaches of their statutory duty of care to ensure his safety as a detainee in their custody. In his amended claim the appellant alleges that he was assaulted on no less than five (5) occasions: in December 2007, March 2008, and a further three times in December 2010. It is common ground that in December 2007 the appellant was a remandee at the Correctional Centre at Luganville, Santo.ģ.
This is an appeal against a total award of VT800,000 by the Supreme Court to the appellant for pain and suffering (VT500,000) and nervous shock (VT300,000) for a puncture wound sustained by the appellant at the hands of fellow inmates whilst he was a detainee at the Correctional Centre at Luganville, Santo in March 2008.Ģ.
