Court News

Week ending Wednesday, February 17, 2009

Wilkie withdraws proceedings against Demos
Four assault on a female cases in court this week

Wilkie Rasmussen has withdrawn legal proceedings against the Democratic Party after his expulsion from the party late last year.

On September 10, Rasmussen, who is currently the attorney general and finance minister, filed an application for various declaratory orders declaring that the cancellation of his party membership be null and void, and of no legal effect.

He also filed an ex parte application for an interim injunction restraining the party from preventing him and his delegates from taking part in the Democratic Party bi-annual conference on September 14, 2009.

A telephone conference was conducted with the chief justice David Williams on September 14 and it was agreed by the parties that the proper course would be to hear the challenge to the expulsion decision.

However after not hearing from the parties, the chief justice received word last month from Rasmussen that he wanted to withdraw his application “or as the CJ sees fit to dismiss”.

Last month the party sent a letter to Rasmussen to basically say that it could not afford legal fees to defend the action and had elected not to defend the action and incur further debts for legal fees.

The letter noted that a new resolution had been passed on September 18, 2009 to remove the applicant from the party and that if the applicant proceeded with the case and succeeded, the party’s executive committee would simply pass another resolution for the applicant’s removal.

“The undisputed fact is that there is no opposition to the applicant’s application for leave of the court to withdraw both the proceedings for declaratory orders and the application for an interim injunction,” said chief justice Williams in his decision. “Leave is therefore granted to withdraw both applications. Since there is no formal claim for costs by the respondent, the court is not required to consider making any order as to costs.”

The judge said for the avoidance of doubt, “it is to be emphasised that the applicant’s case has not been thrown out”.

“Proceedings for declaratory orders were commenced, the application for an interim injunction was adjourned sine die and later the applicant sought to withdraw both his applications,” said the chief justice.

“There was not opposition to those requests nor was there any application by the Democratic Party for costs.

“Any litigant is entitled, with the permission of the court, to withdraw proceedings that the litigant has initiated. There is nothing unusual in such an occurrence.

“In summary, the applicant commenced proceedings and has decided not to pursue them. The proceedings are therefore at an end.

“The court has at no stage been asked to form any view on whether or not the plaintiff’s applications would have succeeded if they had been pursued and quite obviously it would be inappropriate as well as unnecessary to make any such observations on that matter now.”

Democratic Party party president Makiuti Tongia said he is happy with that  decision of the chief justice.

“Now we can move forward and prepare for the future of our great country.”

• Moana Moeka’a

Justice of the peace Pae Tuteru presided over a number of cases in the high court this week:

Emily Rima – pleaded not guilty to careless driving. Counsel Levenia Rokoika alleged that police had unlawfully approached the defendant prior to the hearing, urging her to plead guilty and pay fines, and asked that the court make note of her allegations. The case was adjourned to March 25.

Terepai Ngaata – charged with fighting in a public place. Justice of the peace Pae Tuteru said that ‘according to this report that I have, [Terepai] has been a good boy’ and fined him just $20 plus $30 court costs.

Glenn Hoff – charged with being of unsound mind. The defendant’s case is pending a doctor’s assessment and he will be remanded in custody until he re-appears in court on February 25.

Vaia Simon Travel Jnr – pleaded guilty to stealing a Nokia mobile phone and will re-appear in court on March 8.

Afato Ioane – pleaded guilty to assault on a female. His wife, the complainant, submitted a letter that requested the charges be withdrawn. Police prosecutor responded that three witnesses and a medical report supported his case and that police have a policy to treat assault on a female as a ‘no-drop charge.’ Mrs Ioane asked that the matter be kept private, between her and her husband, and JP Tuteru warned Ioane to be on his best behaviour until he re-appears in court on June 10.

Alex Nielson – pleaded guilty to assault on a female. His wife, the complainant, asked that the charges be withdrawn and police prosecutor responded that ‘in the eyes of the law, [assaulting a female] is not alright.’ The case was adjourned to March 10.

James Nand – charged with assault on a female. His counsel Norman George was not in court so the case was adjourned to February 18.

Mayor John – charged with excess breath alcohol. The defendant was convicted and fined $200 plus $30 court costs.

Tungane Brown – pleaded not guilty to an excess breath alcohol charge. The defendant will re-appear in court on March 4.

Tim Scheel – pleaded guilty to assault on a female and sentenced to ‘six months’ good behaviour.

Kelvin Lemalu – pleaded guilty to an excess breath alcohol charge. The defendant was fined $250 plus $30 court costs and disqualified from driving for a period of 12 months.

Katuke Katuke Jnr – charged with driving while disqualified. The defendant was convicted and fined $100 plus $30 court costs but granted a conditional licence to drive to and from work.

David Nicholls – pleaded guilty to driving without a licence and was convicted and fined $20 plus $30 court costs. The defendant also pleaded guilty to careless driving and was fined an additional $50 plus $30 court costs.

• RR