Associate Justice Alexandra F. Foster ordered Diaz to pay $4,000 to Ngiralmau by January 1, 2010.
Ngiralmau filed a civil action against Diaz and former Senator Alan Seid in 2008.Ngiralmau filed a complaint of assault, intentional battery, intentional infliction of emotional distress as a result of assault and battery against Diaz and Seid.Ngiralmau also filed a complaint of defamation and intentional infliction of emotional distress as a result of defamation against Diaz.The Supreme Court found Diaz liable for one count of defamation but dismissed the intentional infliction of emotional distress as a result of defamation.The court also found Diaz and Seid liable for four counts of assault and battery.The intentional infliction of emotional distress as a result of assault and battery was dismissed.But Justice Foster in her Judgment order on Wednesday stated that Ngiralmau is not entitled for compensatory and punitive damages for the assault and battery.The Justice stated in her order that the court finds that Seid and Diaz committed assault and battery upon Ngiralmau on September 29, 2006.The Justice added that the court further finds that Diaz defamed Ngiralmau on his morning radio show on October 16, 2006 when Diaz delivered offensive comments about Ngiralmau.Ngiralmau’s wife Mehakalani Meltel joined in the civil action and also filed a complaint against Diaz and Seid on February 22, 2008.Court document stated that Meltel filed a motion to sever and continue her trial to a new date. She claimed she would be in Guam and would not be able to return to Palau for trial.The court denied her motion and dismissed the portion of the complaint concerning her without prejudice. Ngiralmau’s complaint proceeded for trial on February 18, 19 and 20.Ngiralmau worked at the Palau Public Utilities Corporation plant in Aimeliik.On September 29, 2006, Ngiralmau was at the Drop-Off Bar in Malakal when assaulted by Seid and Diaz.Ngiralmau was drinking when he heard the two Senators talked about a bill.The court document stated that the two Senators were talking loudly and were discussing legislative matter which irked Ngiralmau.Ngiralmau before he left the bar spoked in loud voice and berated the lawmakers for talking OEK matters in public.Seid chased Ngiralmau at the parking lot and assaulted him.Seid and Diaz were also charged in court for the same offense and they entered guilty plea to the charges.Seid and Diaz received probation sentences.
