Friday 1 December 2000

MAIN STORIES

Woonton cuts power grab

Transport Minister Dr Robert Woonton yesterday cut clauses from a controversial amendment that would have given him power over just about every business in the country.
Rising to speak in parliament to the Cook Islands Shipping Licence Ordinance Amendment, Woonton requested leave to make changes to the bill.
The change to clause 2 of the amendment bill would have defined a shipper as:
- "a person who for profit is either the consigner or the consignee or the owner of goods to whom or by whom or in whose name goods are assigned or to be consigned by sea, and includes any class, group or association of shippers."
Such a shipper would have covered any business - or person - who shipped something into the country for sale. Whether they had a boat or not, all 'shippers' would first have had to seek approval from the minister.
Now that clause has been changed to one limited to actual shipping companies.
Woonton also cut section 4 of the bill which said that approvals from the minister would apply to shippers "whether or not that person is an owner or operator of vessels."
Remaining on the law books is a definition that includes freight companies as shippers.
Before Minister Woonton made the cuts yesterday, the amendment had been widely if privately criticised among business people. The Chamber of Commerce hasn't commented on the proposed amendment.
In an editorial last week, Cook Islands News asked whether the amendment was "bureaucracy gone mad, or is it something more sinister?"
The coalition did go ahead with changes to its own Shipping Act of 1999, removing clauses that require government to promote competition rather than enforce a monopoly as it is doing for political supporters.
Deputy Prime Minister Norman George said he had access to information that showed foreign interests had been seeking to become a monopoly themselves and push up freight rates.
He did not table any of the evidence. - Jason Brown

Health Watch weighs up outcome of civil case

Health Watch says it is "pleased" Chief Justice Laurence Gregg on Wednesday said the Medical and Dental Council broke the law when they refused to allow them to attend the inquiry into baby Casper Mateariki's death.
Health Watch was denied the right by the council to ask questions and cross-examine witnesses on behalf of the parents of baby Casper at the inquiry.
"It was of central importance that Health Watch attend the inquiry for the parents", Health Watch chairwoman Doreen Kavana Boggs said yesterday in a press release.
"The council acted like a dictator when it stopped Health Watch from doing its basic essential job of representing the parents of baby Casper at this tragic time in their life."
However Kavana Boggs says Health Watch also believes that the judge was wrong to say that input from them would not have affected the outcome of the council's inquiry.
"How would the Judge know this, when Health Watch was denied the right of free speech at the inquiry?"
After Wednesday's ruling by the Chief Justice, Kavana Boggs told Cook Islands News that if they had been at the inquiry they would have been able to clarify evidence from a nurse that the doctor had been drunk on two occasions when he attended baby Casper, not just once.
CJ Greig also said that the Council in its findings made no reference to Dr Raea's drinking, said Kavana Boggs. But Dr Robert Woonton testified that Dr Raea was seen drunk in public. Dr Tom Davis and Dr Robert Woonton testified that baby Casper was given an injection of medicine that had expired over 8 years ago. - Jason Brown

Coalition government backs first shipping charter

Government's brand new shipping interests may cost taxpayers a cool quarter of a million dollars before it has even started.
Last night Prime Minister Dr Terepai Maoate in parliament made an "important speech to the nation" announcing government would guarantee a $235,000 loan for the Cook Islands Shipping Corporation.
This would enable the corporation to charter a boat in time for Christmas.
Maoate says the charter is expected to cost $615,000, earn $700,000 and make a "surplus" of "$90,000."
The corporation's own boat, Rarotonga Rover, is now not able to make it to Rarotonga in time for Christmas.
Government's use of tax dollars for their own joint venture with political supporters is a direct contradiction of more than one section of the 1999 manifesto of the Democratic Alliance Party, now the main government coalition partner .
"Government has no business in commerce", stated the DAP in their manifesto. "Commerce should be left to the private sector - to those who are better equipped to do this - to provide the engine for economic growth."
DAP officials did warn they would not "condone" any private sector moves to try and set up monopolies. However they appear to have again ignored their own manifesto where they promise to "enact legislation to promote competition and fair trading, and to pre-empt monopolistic influences which distort the market place."
Instead the DAP has jumped into the market in favour of their own supporters.
Government does not own shares in Cook Islands Shipping Corporation. But shareholders - George Ellis and Josia Taio - are also shareholders in Cook Islands Shipping Holdings Corporation which is owned 99% by the Cook Islands Investment Corporation.
Under economic recovery, the DAP manifesto promised they would "eliminate" the involvement of ministers and public servants in business "because governments are notoriously inept at it." - Jason Brown

Deputy Speaker steps into "constitutional hole"

Coalition members had Parliament all to themselves yesterday after the opposition walked out on government moves to install new Speaker Joe Caffery.
Before leaving, Leader of the Opposition Sir Geoffrey Henry warned Deputy Speaker Mapu Taia against being led into a "constitutional hole."
Henry told Taia that if he went ahead and voted in support of the new speaker the opposition would take him to court.
Section 34 (3) of The Constitution states that the "person presiding over any sitting of Parliament shall not have a deliberative vote, but in case of an equality of votes, he shall have a casting vote."
Last night's vote was a 'deliberative' vote and may be unconstitutional.
However Deputy Speaker Taia accepted advice from Attorney General Norman George who moved a motion to seek leave from the House allowing him to vote from the Speaker's chair.
This was after stumbling over George's first suggestion that Taia seek leave from the House to return to his member's seat to vote against Puna and then return to the Speaker's chair.
That too may have been unconstitutional as section 34 (1) of The Constitution states that "The speaker, or in his absence the deputy speaker, shall preside over sittings of parliament."
Taia may have thought so, telling George that if he followed his advice the speaker's chair would be "vacant."
One Parliament insider described Taia's vote from the chair as "unprecedented."
Last night's walkout and extraordinary vote came after Attorney General Norman George begged Speaker Puna to stay in his chair for George's own motion seeking to remove him.
Speaker Puna refused saying it would be improper for him to chair a sitting when he was the subject of debate.
After Puna walked from the chair, George accused the Speaker of a pulling a "cheap political trick."
"I venture that the speaker was only using that as an excuse when he had a shocking political motive to follow", George said after Taia took the chair. "His motive is to stop you making the 17th man to vote on the motion."
"So whatever dignity he pretended to have was completely destroyed by his mean action. Mr Deputy Speaker I submit to this house that what this Speaker has done is highly dishonourable, deplorable and in contempt of this house. His actions were contemptuous," George said.
Before their walkout, opposition MPs called on government to live up to an agreement both sides had reached to change the constitution regarding the election of the Speaker.
While Prime Minister Dr Terepai Maoate congratulated Taia on his vote, Sir Geoffrey said it ended the year on a "sour note."
Opposition members were seen leaving Parliament after their walkout despite the traditional end of year function.
Parliament has been now been adjourned indefinitely.
- Jason Brown

OTHER LOCAL EVENTS

Check your orchid plants

The Ministry of Agriculture (MOA) is asking that people check for damage on their orchid plants, in the wake of the recent discovery of the orchid weevil on Rarotonga.
One person who purchased plants from the Titikaveka nursery affected by the weevil, alerted MOA staff about damage on orchids but there was no sign of the weevil.
Maya Poeschko, an entomologist with MOA, says they are keen to hear from anyone who has reason to suspect damage caused on their orchids by the pest.
"We need information from people where they can find any problems on their plants - it would be very important for people to follow things up with us [at the Totokoitu research station]," says Poeschko
Visible signs of damage include small holes and black marks on the stem and leaves on the orcids.
Last week MOA staff destroyed around 4,000 orchids from the nursery - burning the plants inside a large hole on the property.
About 30 sacks of gravel were also dumped inside the hole.
On a brighter note the spread of the flat moth affecting coconut trees in the Ngatangiia/Titikaveka area appears to be slowing down.
Poeschko says they suspect two local wasp species are responsible for attacking the pest which was discovered on Rarotonga last month.
The two wasp species - along with a sample of the orchid weevil - have been sent to the United Kingdom for identification, with Poeschko adding that the wasps may be used to get rid of the coconut flat moth in other countries.
MEETING
Meanwhile pest and disease management of vegetables is just one of the issues which will be discussed at a meeting at the MOA offices in Arorangi at 9 o'clock this morning.
The areas which will be covered in this morning's vegetable growers meeting include the current tractor hiring programme, raising of seedlings, meeting the local summer market demand, marketing and quality management, and the advisory role of the Ministry in vegetable production. - Moana Moeka'a

Man gets five years jail for rape

A 20 year-old Rarotonga man has been sentenced to five years imprisonment on a charge of raping a woman in Tauhunu, Manihiki, on April 16 2000.
The man, who had name suppression, had the case transferred to Rarotonga (where he is originally from) in June this year where in the High Court, Avarua, he pleaded not guilty to the charge and requested a trial by judge alone.
Counsel Sean McAnally told the High Court, Avarua, during yesterday's sentencing session before Chief Justice Laurence Greig that the accused had no previous conviction of this matter or one involving violence.
Prosecution counsel Tingika Elikana asked the court to take into consideration when ruling "the fact that the act was committed within the safety of the victim's home while she was sleeping."
CJ Greig told the accused that the case had been defended and the accused was found guilty. "The circumstances were that you had been at the party, you followed the victim home, entered her house and bedroom and raped her", the chief justice said. He said "there was no additional force applied in this case except of course the force of the rape itself."
CJ Greig told the court he had "read with care the Probation report and taken into account the (defendant's) personal circumstances as reported by the (Probation) officer."
The CJ told the accused that "although you are a young man, you are not a youth and you must take responsibility for your acts" before sentencing him to five years imprisonment for rape. - Tara Carr

Power cable to be replaced

An underground cable fault proved to be the cause of yesterday's one hour power outage from Pokoinu in Nikao through to Betela, Arorangi, according to Te Aponga CEO Ron Bates.
He yesterday in a media release said the fault was located between the Ministry of Works and Inave.
Bates said it was the same cable which caused a power outage on October 1 this year.
Bates said Te Aponga had planned to replace the 700 metres of cable in about a year's time, but with the cable proving to be more unreliable then predicated, the works will be brought forward.
The cost will be around $55,000 but it is necessary if Te Aponga is to continue to improve the reliability of the electricity supply, the CEO said.

Former banker gets 2.5 years term

Former Cook Islands Savings Bank manager in Mauke, Basilio Tutai Kaokao, received a concurrent sentence in the High Court, Avarua, yesterday which will see him spending two and a half years in prison.
On Monday, November 27 Kaokao was found guilty of having:
- falsified documents between 1995 and 7 April 1999 with the intent to defraud $41,768.86
- stole $2,050 from the CIs Savings Bank on December 15 1998
- between 8 July and 5 December 1997 stole $10,430
- on March 15 1999 stole $1,420 from the CIs Savings Bank.
Kaokao was sentenced to two years for the charge of false accounting, two years for the charge that between 8 July and 5 December 1997 he stole $10,430, and a year for each the other charges of theft.
The defendant is also to serve a two and a half year sentence on each of two charges of forgery which he had already pleaded guilty to.
Kaokao will spend the next two and a half years in prison because CJ Greig had ruled that Kaokao would serve all sentences concurrently.
Counsel Sean McAnally yesterday told the court that "one cannot overlook the seriousness of the trial" before touching on the affects a long sentencing would have on Kaokao's family.
Prosecution counsel Tingika Elikana told the court that "the accused was in a position of trust" which was disregarded.
Chief Justice Greig told Kaokao, who hung his head throughout the entire sentencing, that "this is a sad case because you were a well respected and trusted member of your community."
"It's sad too because you brought shame on your family and they are to suffer from the sentencing I am about to oppose on you", he said. CJ Greig went through each charge brought up against Kaokao and told the court how he had formed a view that the bank did not have a good audit system.
He said over the years, checks were done where irregularities were found and suspicion raised but nothing was carried out. "This may have well permitted you to continue"..."although this is no excuse", CJ Greig said.
He said it was right for him to take into account Kaokao's position in the community and the work he had done, also the fact that this was also his first offence and that the CJ was sure Kaokao would not re-offend like this again.
CJ Greig told Kaokao it was "important to impose a sentence to deter others and which shows to you and the community what the court thinks of such criminal activity - a sentence of imprisonment is the only appropriate sentence." - Tara Carr

Tiare float entries to close this afternoon

Entries for this year's Tiare Festival float parade scheduled to take place this Saturday will close at 4pm today.
Ministry of Cultural Development secretary Sonny Williams yesterday told Cook Islands News that up to seven floats have so far been confirmed with more expected.
Williams said there was a $30 entry fee for all floats and those interested are to see coordinator Ngatuaine Maui before 4pm today.
All prizes for the float parade are in cash.
For tomorrow's float, organisers are asking the general public to take extra care when travelling along the roads through town.
Floats will assemble at Panama, Avatiu, across from the Motor Centre by 10am Saturday morning before travelling through town towards the National Auditorium.
Once everyone reconvenes at the auditorium the mamas will have their chance to strut their mu'umu'u gowns on stage.
Following soon after will be the presentation of various prizes and then the crowning of the new Miss Tiare Pageant winner. Last night the seven contestants were scheduled to dazzle the crowd with their talent and pareu presentations.
Today's programme will see private sector premises judges for their floral displays. - TC

Young age taken into account for sentencing

If it wasn't for Ngatangiia youth David Daniel's young age of 17, the Chief Justice Laurence Greig would have yesterday in the High Court, Avarua, sentenced him to prison for indecently assaulting a female over the age of 16.
Daniel had previously pleaded guilty to the offence which according to the court took place in Ngatangiia this year.
As with his first appearance before the courts on the charge, Daniel yesterday appeared without legal counsel.
Prosecution counsel Tingika Elikana reminded the court that the offence was serious and that there was the need for a clear message to be sent out to the community that such an offence will not be tolerated. Chief Justice Greig told the court the "facts are that you (Daniel) entered the victim's house, the victim was asleep in bed, you got on (the bed) and indecently assaulted her."
The chief justice said Daniel had "tricked her [the victim] into believing that you were her boyfriend." "If it had not been for your age, I would have sentenced you to jail", CJ Greig said. Instead he sentenced Daniel to a year of community service which will be followed by 12 months of probation.
CJ Greig told Daniel that he was entitled to another chance "but know that if you offend like this again, you will not get another chance of leniency." TC

LETTERS

Sunday licensing

Dear Editor,
Recently I read about the application lodged in by Edgewater Resort requesting a Special Liquor Licence to sell alcohol between the hours of 10.00pm 31 December 2000 Sunday to 3.00am 1 Jan 2001 Monday.
To my understanding selling liquor on Sundays at resorts or hotels are only to diners only and to hotel guests/not anyone who walks in to the bar who just feels like having a drink.
So what happened to our laws of not selling liquor on Sundays? Should the Liquor Licence people grant this to the resort I think they should grant Special Licences to any club or any one to sell liquor from any time on Sunday (New Year's Eve) as the time they applied for is 10.00pm which is of course Sunday. So I strongly oppose this application and that it should not be granted.
The Resort should submit a new application as (I think) the previous application is not valid according to the times applied for. The new application should be submitted according to these times; 12.30am Sun 31 Dec 2000 - 3.00am Mon 01 Jan 2001. At this time it's not a problem
So you guys and gals on the Liquor Licensing Authority this is something for you to think about and I hope you make the right decision.
Kia Manuia.
James Mana
Mauke.
EDITOR'S NOTE: As mentioned in the advert, anyone who objects to the special liquor licence application should write to the Secretary, Liquor Licensing Authority, PO Box 61, Rarotonga by 5 December 2000.

Te meitaki no te trochus

E Tama Etita,
Kia Orana
Re: Trochus harvest (Public Notice CINews 30/112000).
Koai te pu o te moana, mei te tapa taatai e tae rava atu ki te moana oonu. Naai i karanga e ko tetai pae ua te ka kokoti i te meitaki no te trochus. Kua kokoti a Nikao Oire i te trochus ma te kore e akatuera mai i te ngutupa no Rarotonga katoatoa kia kai i teia meitaki.
Kua pera katoa te oire ko Puaikura, kua karapii katoa i teia meitaki, vaitata e ko te au tapere ua tei reira te trochus, ko ratou anake ua tei kokoti i teia meitaki.
Te aru mai nei a Takitumu i teia akateretereanga tarevake, mei te mea atu rai e na ratou teia meitaki i akono. Koai ma tei ngere i teia meitaki? Ko Avarua katoatoa, e nga tapere mei Akaoa tae atu ki Raau, vitata apa ia Puaikura.
Me kare a Takitumu e matakite, ka aite aia mei ia Puaikura, apa ua tei kokoti i teia meitaki. Eaa i kore ei i kapiki ia a Rarotonga katoatoa kia kokoti i teia meitaki i te au tuanga tai tei reira teia meitaki?
Te akaroa i teia tu noinoi i te ikianga tetai pae e ko ratou ua tei tau kia kokoti i teia meitaki o te trochus, e oti ake ra ko te enua tangata katoatoa tei akatapu i te turanga o te RAUI i te tuku ia anga.
Ko te pakari teia o te Aronga Mana o Tumutevarovaro, turu ia e te Vaka Council no te mea ko ratou rai taua pupu tangata, karanga au e, e pakari neneva teia.
Akara ki te pakari Atua, ta te enua Aitutaki i rave no ta ratou trochus, tangata ai. Rave pakau na te aronga rarai.
Otira ua,
Oki Teokoitu
Betela, Arorangi.

POLICE ROUNDUP

Incidents reported to the Department of Police, Rarotonga, from November 24 2000 are as follows:
FRIDAY 24 NOVEMBER:
4.25am - An Avatiu resident reported that someone was breaking a window at the CITC Building Centre. Under investigation.
6.30am - An Arorangi resident reported the theft of bicycle parts from a residence. Parts recovered by police.
8.40am - A Turoa resident reported the theft of bread from the bakery. Handled by police.
9.52am - An Arorangi resident reported that there was a motor accident on the Arorangi main road in front of the Kikau Hut. Under investigation.

SPORTS

More great oldies cricket on tomorrow

The Takitumu Golden Oldies Cricket tournament is now into its final rounds with the following draw for tomorrow Saturday 2 December at Turangi with Turangi Club hosting:
1.30pm Turangi vs Titikaveka
3.30pm Matavera vs Muri
Be on time, be in uniform, bring your friends.
LAST WEEKEND
What a great day for cricket at Muri's Nukupure Park last weekend. Good weather, a reasonable wicket and teams eager to improve their rankings.
Following a welcome to the visitors Rau opened the day with a prayer. The hosts, Muri, fortunately won the toss and elected to bat first against Titikaveka.
Muri openers Rau 22no and Nga 12 got Muri off to a great start. Three quick wickets brought George 56no and Jimmy 41no together for a 97 run stand before retiring. Six wickets then fell to Titikaveka for only three runs before the overs were done. By then Muri had gone through to 142. Best of Titikaveka's bowlers were Sam, a two wicket maiden and Tuku's 32 run donation to Muri. Titikaveka lost Mark early but a dangerous partnership of 43 from Cameron 28 and Kaz 15 put them well up with Muri until being undone by Terry in the same over. James 16, Paua 16no also reached double figures - Here and Nikki embarrassed the Muri bowlers before they retired not out. Then Muri wrapped up the last seven Titikaveka wickets for 20 runs. When the overs were done, Titikaveka had reached 122 runs - 20 short of Muri.
Best of Muri's bowlers were Terry four wickets for three, Mataa two for 16 runs and eight others, a wicket apiece.
The second game saw Turangi bat first against Matavera. The first three batsmen putting on 50 runs - Teariki 19 and Tome 29. Then disaster - three top men gone in one over. The tail quickly folded and even with retired players returning, only 20 more runs were added for a total of 70 off 16 overs.
Best of Matavera's bowlers was Papa Noo's three wicket maiden - the first in Golden Oldies history.
Matavera with a modest total to reach, batted confidently. William 10 and Iotua 12no opened with 22 - Peter 19no, Noo 16no and Manea 10no all reached double figures. Matavera reached 81 off only 13 overs - probably the quickest game on record. Porinae was the best of Turangi's bowlers with two wickets for five runs.
Turangi, like Muri, the previous week suffered in the field with only 10 players. Come on spectators give the fielders a hand, this is Golden Oldies cricket.
PRESENTATIONS
The Fosters Notable and Not-Able presentations were made.
Matavera -Peter's bat attack on keeper, Papa Noo's three wicket maiden
Turangi - Porinae, Joe and Meau for making Papa Noo's season
Titikaveka - Here and Nikki for entertainment, Cameron's 28
Muri - JJnr for hunting Here with bat, Mata'a and Tare's collision.
Discussions on the end of year fundraiser followed with Joe outlining proposals. Business houses in Takitumu are being asked to support the fundraiser on December 16th, which is for the Takitumu pre-school.
Following the closing prayer and grace. Muri hosted the visiting teams to a very fine kaikai.
- TL

Racquets for primary school winners

Winners in yesterday's Primary Schools' Tennis tournament received Tennis Cook Islands donated racquets.
The tennis organisation's Malcolm Kajer says funding for the racquets was obtained from the International Tennis Federation (ITF) and up to six racquets were distributed to the winners at each of the four venues.
Meanwhile the Malcolm Kajer Pro Am Doubles championships will be held at the Edgewater Resort courts tomorrow, Saturday 2 December, beginning at 1pm sharp.
The pairs are - Matthew Latham & Christopher Tama; Brian Pilkinton & Papa Greig; Tupou Faireka & Mata Makara; Malcolm Kajer & Hinano Ellingham; Mata George & Joseph Tangata; Munro Hockin & Renee Nooapii; Ryan Kelly & Petero Okotai; Tekii Lazaro & Hirani Williams; Chaz Dashwood & Brian Baudinet; Marlon Manlangit & Gerald Wilson. - MM