Court News

Week ending Wednesday, 22 February, 2012

Assault on a female ‘not acceptable’
Police accused of ‘Gestapo techniques’
Theft, receiving, forgery dealt with

In court yesterday Tuaine Tangimetua admitted a single charge of assault on a female.

Defence counsel Wilkie Rasmussen said by way of mitigation that the assault took place in a ‘group drinking situation’ of which the victim was also a part.

He also, however, acknowledged the gravity of the offence.

“I think it is generally regarded by all of us here and out in the community that assault of any kind is not acceptable and should not be encouraged so therefore the sentencing should reflect a measure of deterrence and an indication of protection of society and the sending of a message to people, members of the public, that assault and in this case assaulting members of the female gender, is not acceptable and is not a very nice thing to do,” Rasmussen said.

He said that because of the mitigating factors – the defendant is employed, has two children, lives in a ‘stable home’, is remorseful, has offered the victim an apology and entered an early guilty plea – the appropriate punishment would be for the defendant to come up for sentencing in six months if called upon.

Rasmussen added that ‘several people have spoken highly of’ the defendant.

Justice of the peace Carmen Temata told the defendant to “take responsibility” for his actions.

“You need to do something about your problem – you have an alcohol problem that led you to commit what you did,” she said.

The defendant was convicted and placed on 12 months’ probation on the condition that he attend counselling and any training deemed appropriate by the probation service.

He was further ordered to pay reparations of $20 for the victim’s medical costs and to abstain from purchasing and consuming alcohol.

• Rachel Reeves

Four males were yesterday called before the court on charges of cultivating cannabis.

All are being represented by defence counsel Norman George, and none has entered a plea.

All will come before the court again for call-over on March 1.

Rongomate P Ivirangi appeared on one charge of cultivating cannabis.

George sought an adjournment and requested that the defendant be bailed immediately. Crown prosecutor Tuaine Manavaroa consented to the bail application on the grounds that the defendant be required to surrender his passport, and the case was adjourned without plea to March 1.

Taia Samuela appeared on one charge of cultivating cannabis.

George sought an adjournment without plea in order to have time to conduct a thorough interview with the defendant. Again the Crown consented on the condition that the defendant surrender his passport, and the case was set down for March 1.

Teatai Ariki also appeared on a single charge of cultivating cannabis. George sought an adjournment without plea to March 1, and went on to express his “disappointment with the police”.

“There is a tendency now for the police to abuse the bail process. The defendant was taken into the police station on Monday, kept in custody overnight and then on Tuesday I demanded that he appear in court on Tuesday morning because section five of the Criminal Procedure Act says that an arrested person shall be presented to the court as soon as possible or for no more than 48 hours. What the police have been doing is keeping arrested people in custody for two nights. That’s an abusethis young man was kept in custody for two nights,” George said.

He alleged that the police were employing “Gestapo techniques” to extract a confession from his client.

Sam Paul Ivirangi was the last defendant to appear on a single charge of cultivating cannabis. George sought an adjournment to March 1 without plea, which was granted.

• Rachel Reeves

Justice of the peace Carmen Temata presided over a sitting of the Cook Islands High Court at Avarua yesterday. Joining her on the bench was a colleague from Mauke, who observed the entire session.

Christopher Mussell and Akisi Mussell appeared on charges of structuring (the practice of executing financial transactions in a specific pattern calculated to avoid the creation of certain records and reports required by law).

The prosecution indicated it was awaiting information from overseas and would be in a better position to proceed in two weeks’ time.

The case will again come before the court on March 1.

Ngatupuna Rata appeared on eight charges, some of which date back to 2010. He recently incurred a charge of breaking and entering.

Defence counsel Wilkie Rasmussen requested an adjournment so as to have time to meet with the defendant, who is currently in custody.

“I think the best place for him is in custody until the pleas are taken,” police prosecutor senior sergeant Ruth Hosking-Tane told the court.

Rasmussen agreed, acknowledging the risk of the defendant re-offending if released on bail, but asked for the shortest adjournment possible. No pleas having been entered, the matter was adjourned to February 23 and the defendant was remanded back into custody.

Vainetutai Matara appeared on a single charge of theft.

Defence counsel Charles Petero asked the court for an adjournment to March 1, which was granted.

Andrew Reremoana appeared on one charge of receiving stolen property.

The Crown sought an adjournment to mid-March on the grounds that the case is “awaiting an outcome of another case”, which is likely to be resolved before the defendant re-appears.

The matter was set down for March 15.

Iorama Ngataua appeared on a single charge of possession of a utensil.

George told the court he has yet to receive disclosures from the police, and Hosking-Tane said the officer in charge of the case is overseas.

The case was adjourned to March 1 to give the police time to present counsel with disclosures.

Joshua Koteka appeared on multiple charges, including a recent one of being unlawfully found. The defendant entered guilty pleas to all seven charges, vacating some earlier pleas in the process. All matters were adjourned to March 28.

Leelesh Chandar denies charges of theft and using a document to obtain pecuniary advantage. The defendant’s bail conditions will continue until he re-appears on March 1.

A man with name suppression appeared on 10 charges, including one of having sexual intercourse with a 12-year-old girl.

Through Petero he yesterday entered guilty please to all 10 charges. The case was adjourned to March 28 for sentencing before Chief Justice Tom Weston.

Another man with name suppression appeared on a charge of assault on a female.

Through George the defendant has pleaded not guilty, and has requested a defended hearing before Weston in March. The matter was set down for trial before judge and jury on March 19.

Exham George appeared on one charge of smoking cannabis, which he denies. Petero requested a date for a defended hearing, and the matter was adjourned to April 5 for call-over.

Wilfred Dauvois appeared on charges of theft, dangerous driving and theft of a motorcycle.

Through George he denied all charges.

“I wonder if the Crown solicitor can rationalise this series of charges, “George said, noting he expected that the Crown would withdraw some of the charges.

In response the prosecution asked that the theft charge be withdrawn, and that the remaining charges be dealt with in two weeks’ time.

George responded: “I want to specifically address you on that application to withdraw the theft charge – I would like to ask that you dismiss it and not allow a withdrawal from the police because that is a trapa withdrawal today could mean they can come back next week (and re-lay the charge).”

The charge was withdrawn for want of prosecution, as the witnesses were tourists who have returned to New Zealand.

“On that basis I would like the charge to be dismissed,” George said. It was dismissed.

The defendant will appear on the remaining charges on March 1.

Tiera Mataora did not appear when called on a charge of careless driving. Petero indicated the defendant is awaiting a hearing date, and requested an adjournment to March 1 to set a date for trial.

The defendant has entered a not guilty plea.

Cyrus Nielsen appeared on a call-over for a charge of possession of a utensil, which he denies.

The Crown indicated it is awaiting the results of a laboratory test conducted in New Zealand but is otherwise ready for trial.

Rasmusssen said he is also ready for trial, and asked that the court deal with the matter ‘rather quickly’ as the defendant has been seconded to work in the Cook Islands and his term of employment is nearing its end.

He noted that the defendant intends to make an application that the Crown’s evidence is inadmissible on the basis that the police “held onto the utensil for some time and there is a possibility it could have been tampered with” while in police custody.

“The defence has the right to say it has been tampered with because the defence is saying that the utensil was not used for any purposes that were illegal, at least by the defendant,” Rasmussen said.

The matter must be dealt with by a judge, but first will come up for call-over on March 29.

Julia Kajer appeared on a single charge of receiving stolen property.

George sought an adjournment to March 1, as he has not yet had a chance to interview the defendant.

Rimaati Iotua appeared on six charges, including a recent one of unlawful conversion.

The matter was adjourned without plea to March 1, and in the meantime bail conditions will continue.

Matangaro Areaiiti appeared on two charges of using a document to obtain pecuniary advantage. The case was adjourned to March 23 for sentencing by the chief justice.

Maarametua Tearaitoa appeared on 23 separate charges of forgery.

George sought an adjournment of two weeks, as he has not yet met with the defendant and is not in a position to enter a plea.

The case will come before the court again on March 1, and until then bail conditions will continue.

Ngaau Samuel did not appear when called on four burglary charges.

The officer in charge of the case is overseas, and accordingly the Crown requested an adjournment of three weeks.

The matter was set down for call-over on March 15.

Ngatokoa Teao appeared on one charge of contempt of court, to which he has pleaded guilty.

The case was set down for sentencing on March 23, until which date the defendant’s bail conditions will continue.

Daniel Akama appeared on a single charge of unlawful taking.

Rasmussen requested an adjournment of two weeks’ time, and the case was adjourned without plea to February 23.

Defence counsel requested disclosures from police before that time.

Christopher Tangatakino appeared on a single charge of assault on a female, to which he has pleaded guilty through his lawyer Petero.

The case was adjourned to March 1 for sentencing, in order to allow the probation service sufficient time to draft a report.

Robert Samson Piniata appeared on a charge of being party to a burglary on Nu Bar. George requested an adjournment without plea to March 1 and disclosures from police.

Bail conditions will continue until the defendant re-appears in two weeks’ time.

Miimetua Akaroa is facing two charges of breaking and entering.

The case is complicated by the fact that the defendant was previously convicted and called to come up for sentencing within six months, and within that time period committed the alleged re-offending.

Rasmussen requested an adjournment of one week so as to meet with the prosecution to determine how to proceed with sentencing given the defendant’s prior conviction.

The case was adjourned without plea to February 23.

Strickland Tetavano appeared on charges of driving with excess blood alcohol and dangerous driving, both of which relate to a motor vehicle crash in Ngatangiia on December 30 of last year.

The defendant entered guilty pleas to both charges.

He was convicted and fined $100 and ordered to pay $30 in court costs on the dangerous driving charge, and on the other he was convicted and fined $200 and ordered to pay $30 in court costs. He was further ordered to pay reparations of $150 for his blood test and disqualified from holding or obtaining a driver’s licence for a period of 12 months.

Christopher Vaughan appeared on a charge of driving with excess blood alcohol, which relates to a motor vehicle crash at Avatiu on Saturday.

Petero said his initial intention was to contest the charge, but because the defendant – who is visiting the Cook Islands from Australia – leaves the country today, opted to enter a guilty plea instead.

The defendant has already paid over $1200 in damages to his rental motorcycle, hospital bills and other accident-related costs.

“That’s taking responsibility for your actions and I commend you for that,” Temata told the defendant.

He was convicted and fined $100 and ordered to pay $30 in court costs. He was further ordered to pay $150 for his blood test.

Opura Mamanu appeared on a charge of driving with excess blood alcohol. The case was adjourned without plea to March 1.

Johnston Jnr Napara appeared on a single charge of driving with excess blood alcohol, which he admitted.

The defendant was convicted and fined $200 and disqualified from driving for a period of 12 months. He was further ordered to pay $30 court costs and $150 for his blood test.

Mataora Pukeiti appeared on a charge of theft of a motorcycle (valued at $2404), to which he pleaded guilty. The case was adjourned to April 4 for sentencing before three justices of the peace.

Matamoa Teroi appeared on charges of contempt of court and burglary.

Both matters were adjourned to February 23, at which point the defendant will enter a plea to the contempt charge. He has already pleaded not guilty to the burglary charge.

Next week the court will set a date for a defended hearing.

• Rachel Reeves