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Receiving, theft, assault charges heard
Assault, theft, sex charges dealt with
Receiving, theft, assault charges heard
Tue
7 Feb
Justice of the peace Tui Short presided over a court session last
Thursday – half the defendants who appeared before the court were published
on Monday (Assault,
theft, sex charges dealt with) and here are the other half:
Julia Kajer appeared on a charge of receiving stolen property valued at $48.
Hosking-Tane read out her bail conditions, which stipulate that the defendant is not to associate with police witnesses, purchase or consume intoxicating liquor or enter liquor-licenced premises. She must also observe a curfew and surrender her passport.
“For $48 the police is asking for this person’s liberty to be denied – for $48 she’s required to surrender her passport? We’re not in Iraq or Iran – we are in the Cook Islands, the paradise of lawfulness and justice, so I submit to you that you should decline the application for curfew for a $48 bottle of bourbon,” George said. “This is overkill, absolute overkill.”
Hosking-Tane responded: “This is not a minor matter. As you see this (charge) carries five years imprisonment”.
George sought an adjournment without plea to February 16. Short dropped the curfew clause from the defendant’s bail conditions.
A man with name suppression appeared on a charge of theft.
Rasmussen appeared on behalf of the defendant but said he has not yet received disclosures from the prosecution. He sought an adjournment “in order to receive discoveries and to spend some time discussing the matter” with his client.
Rasmussen also sought name suppression as the defendant’s father and the father of his partner are prominent personalities in the community.
“Usually I object to name suppression but I am going to agree,” Hosking-Tane said. The application for name suppression was approved and the matter was adjourned to February 23.
Another man with name suppression appeared on a charge of theft.
The case was adjourned without plea to February 23 to give the defendant ample time to seek legal representation. His father approached the bench to make an application for name suppression.
“The reason why we ask for that is that there is family and friends that have to be advised in regards to this case so it doesn’t come as a shock to them,” the man’s father told the court.
His application was approved.
Joseph Cummings Maurangi pleaded guilty to one charge of assault on a female.
“I didn’t slap her for nothing,” the defendant told the court. “She was cheeky, and that’s why I slapped her, not because I drank alcohol.”
Hosking-Tane asked that the case be adjourned to February 23 for sentencing. Until then the defendant is not to approach the victim at any time.
Brandon Kermode appeared on one charge of driving at a speed or in a manner which, having regard to all the circumstances of the case, is or might be dangerous to the public or any person.
The defendant pleaded guilty and was fined $300 and ordered to pay court costs of $30.
Tiera Mataora did not appear when called up on a charge of careless driving causing injury.
Petero noted that the prosecution has indicated it might amend the charge. As such he requested that the case be adjourned without plea to February 16.
Junior Katuke appeared on one charge of endangering transport.
“Let me get this right – you ran into an oncoming vehicle, that is a police vehicle – did you do that?” Short asked.
The defendant acknowledged he had, and accordingly entered a guilty plea.
Short told the court the case is beyond his jurisdiction as a JP, and the case was adjourned to a three JP hearing on February 22.
Robert Piniata faces a charge of being party to an offence. Hosking-Tane requested that the case be adjourned without plea to February 16.
Assault, theft, sex charges dealt with
Mon
6 Feb
Justice of the peace Tui Short presided at a session of the Cook Islands High Court at Avarua on Thursday morning.
The defendants called were, in chronological order:
Tereapii Tangata Vavia appeared on charges of assault on a female, unlawful damage, breach of a molestation order and wilful damage by fire (of properties valued at US$4330). Defence counsel Charles Little pointed out that the charge of wilful damage by fire is beyond the jurisdiction of a single JP, so requested that a hearing be set down for March 23 before Chief Justice Tom Weston. Until then bail conditions will continue.
Daniel Akama appeared on charges of burglary and unlawful taking. Police prosecutor senior sergeant Ruth Hosking-Tane noted that the defendant must observe the following bail conditions – he must not interfere and associate with police witnesses, must not be abroad between the hours of 7pm and 7am, must not purchase or consume intoxicating liquor, must not enter any liquor-licenced premises, must surrender his passport and must reside in a court-ordained residence.
Defence counsel Wilkie Rasmussen sought an adjournment to February 16, and voiced his objection to one bail condition.
“I wonder whether we’re setting him up to fail,” he said, noting that the consumption of alcohol provision is not related to the defendant’s offending.
Hosking-Tane disagreed, noting that the defendant stole alcohol.
The director of Inland Revenue, represented by Crown counsel, is bringing a charge of failure to furnish against Nikao
Video Hire Ltd. Defence counsel Lavenia Rokoika entered a plea of guilty on behalf of the business and sought an adjournment to February 27.
Toru Napa was called up on a charge of common assault.
Defence counsel Norman George indicated he and his client are prepared to fight the charges at a defended hearing.
“We are ready to rumble in the jungle,” he said, eliciting giggles from the public gallery.
Hosking-Tane noted the police have laid one further charge of breach of probation conditions. Of the additional charge, George said: “We will defend it – we will fight it”.
He entered not guilty pleas to both charges and the hearing was set down for February 29.
Ngatupuna Rata appeared on a call-over for a charge of assault on a female. Rasmussen, who is acting on the defendant’s behalf, requested an adjournment so as to be able to consult with his client. The case was adjourned to February 16.
Rimaati Iotua appeared on three charges of burglary, one charge of unlawful conversion, one charge of possession of a utensil, one charge of contempt of court and one charge of escape from lawful custody.
Defence counsel Charles Petero told the court he is awaiting disclosures from police and asked that the case be adjourned to February 16.
Terekimiora Katoa appeared on a charge of importing cannabis – an offence he denies.
George appeared for the defendant, and told the court that in his experience the Crown has “foolishly” proceeded with charges “they have no hope” of pursuing successfully.
“This falls into that category,” he said. He asked that the case bet set down before a judge and jury “as soon as possible”, as the charges relate to an incident that occurred more than two years ago.A defended hearing was set down for May 3.
Exham George appeared on a charge of smoking cannabis. Petero told the court he is still awaiting police disclosure and asked that the case be adjourned to February 16 for call-over.
Elliot Elizabeth Hunt pleaded guilty to a charge of driving while disqualified. Rasmussen indicated the defendant is ready to be sentenced, and recommended that the court issue her a minimal fine.
“I’m not sure whether you don’t understand the law or are blatantly ignoring it but taking into consideration the submissions by your defence counsel and also the recommendation of the prosecution to give you a minimum monetary fee this court is between the deep blue ocean and the land because we’re not sure that you’ve learnt your lesson,” Short told the defendant.
“You see, the concern of the court is that you do not become a problem to innocent people. Too many young people are driving today carelessly, totally ignoring the law and innocent people have been hurt. I’m speaking this to you because this court is inclined to give you another chance.”
The defendant was fined $100 and ordered to pay $30 court costs.
A man with name suppression appeared on 10 charges of sex-related offences. Petero requested an adjournment to February 16.
Cyrus Nielsen appeared on a charge of possession of a utensil, to which he has pleaded not guilty. Nielsen claims he brought the utensil into the Cook Islands for the purpose of using it to smoke tobacco.
Rasmussen told the court that Crown intends to send the utensil to New Zealand for analysis.
“We’re agreeable for that to be done, however I made note the last time that the defendant appeared that the defendant is actually a guest in the Cook Islands public service – in other words he’s seconded to work here in the Cook Islands – and that term is getting close to expiring so we need some fast-tracking of this matter so we can deal with it a lot more efficiently,” Rasmussen said.
He said that should the analysis be projected to take longer than two weeks, he would object to the proposal, but he consents because he expects it to be a speedy process.
“It is a very particular and specialised (part) of the law that must be tested and in order to deliver justice and be fair to the defendant that provisionneeds to be tested,” Rasmussen said.
The case was adjourned to February 16 “in the hope that the result will be back by then”, Short said.
Francis Dashwood and Fret Ariu appeared on a charge of being unlawfully found on a property.
George appeared for both defendants, and told the court he was waiting on a date to be set for a half-day defended hearing. The case will come before the court for call-over on February 8.
Andrew Reremoana appeared on a charge of receiving stolen property, which he denies. The case was adjourned to February 16.
Iorama Ngataua appeared on two charges of burglary, one charge of possession of a utensil, one charge of possession of cannabis and one charge of smoking cannabis.
George appeared for the defendant, noting he has not received any disclosures on the drug-related charges. Accordingly he asked that the matter be adjourned for another two weeks.
Hosking-Tane said she will provide disclosures and did not object to the adjournment. The case will again appear before the court on February 16, until which point the defendant’s bail conditions will continue.
Joshua Koteka did not appear in court when called up on charges of being unlawfully found, threatening to kill, carrying an offensive weapon, possession of cannabis, possession of a utensil and supplying cannabis.
Rasmussen noted that the defendant is grieving the recent loss of a family member, and accordingly obtained the Crown’s consent to have the case adjourned for another two weeks.
Rodney Ngatikao appeared on one charge of assault on a constable. George asked that the case be adjourned without plea to February 9.
Tuaine Tangimetua appeared on a charge of assault on a female, to which he pleaded guilty. The probation services requested an additional week to complete their report. The case will come before the court again on February 9.
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