Transcript
Ben Lomai: So right now we have filed about 645 writ of summons in the National Court, and we have collected around about 200 back that have been served on the state. We then filed 20 applications for summary judgment, to say that, 'look, the state has got no defence, and so we want judgment to be entered on liability and have the matter referred for assessment of damages and compensation'. So we appeared before justice David Cannings on the 28th of May. And Justice Cannings heard the preliminary issues on the matters and he said we'll adjourn to the 27th of June. But he also indicated that he wants all 645 writs to be filed and served so that we can start progressing the matter. Now, the only issue when it comes to assessment would be a formula as to how much they will be paid. We are looking at case laws that have already decided on how much to be paid to an applicant when his constitutional rights has been breached. Most cases have settled on 300 (kina) per day that's 200 compensation and 100 exemplary. But we have claimed more than a million in the writ of summons so that's a matter which I think the parties will have to argue before the court as to what would be reasonable compensation and exemplary damages to be paid to the refugees and asylum seekers.
Ben Robinson Drawbridge: Right, but if all refugees are awarded compensation this could run into hundreds of millions of dollars liability for the Papua New Guinea government.
BL: Yes, absolutely. That will be a lot of money to pay. We are relying on the MOU signed between Papua New Guinea government and Australian government that any costs, including legal costs, will be met by the Australian Government. So that's a matter which we will explore once the court orders are granted. We are hoping that once the order for compensation is made, there might be a change of position with both the PNG government and the Australian government. Because if they are now going to pay millions of kina to these guys, they say, 'look, let's just move these guys out quickly to maybe Nauru or to some other third countries'.
BRD: But as you mentioned though, if the Australian government does become liable for these damages there's a danger they may, what, try to forcibly remove all of the men to Nauru?
BL: Yeah, that might be the case, or they say, 'well, if we give you guys your money, you just have have to look for places to go'.
BRD: But at what point will the court order travel documents? What travel documents could be available to them from PNG?
BL: If you decide to stay back in PNG, PNG government will process their travel documents. Meaning that they will have a PNG passport. Now, if they have money and say, 'look, we decided to leave now to the other countries', maybe the PNG immigration might just simply give them travel documents to leave. With this new government we don't know where their positions are in relation to the current issues involving the asylum seekers and refugees on Manus Island. But we are hoping that they should be more positive in solving these issues and we can get this resolved as soon as we can.
