Court News

Week ending Wednesday, 23 February, 2011

Drink driving, assault, theft, contempt
Court suggests NZ help

Last week’s court appearances

James Puati – pleaded not guilty to careless driving and driving with excess breath alcohol and is awaiting a trial date. Counsel Tim Arnold asked for an adjournment of one week, as a defence witness is currently working overseas and he needs to work out trial logistics.

Ngatupuna Manavaroa – pleaded guilty to careless driving and driving with excess breath alcohol after being involved in a motor vehicle crash last year. JP Kenning ordered the defendant to pay restitution of $1074 – though the defendant owes $1792, the court has no jurisdiction to order him to pay the full amount. The defendant was convicted and fined $500 plus $30 court costs and disqualified from driving for 12 months.

Karika Karika – pleaded not guilty to breaching a non-molestation order. Counsel Lavenia Rokoika appeared on instructions from Bret Gibson, and asked that the court set a date for trial. Crown counsel indicated that the prosecution will call four witnesses and the trial – set for March 22 – will take half a day.

Romani Katoa – did not appear on a charge of driving with excess breath alcohol and JP Kenning ordered a bench warrant for his arrest. Katoa appeared later in the morning. The trial will take place on March 22.

Louise Utanga – pleaded guilty to driving with excess breath alcohol and was convicted and fined $250 plus $30 court costs and disqualified from driving for 12 months.

Noema Kauvarevai – faces a single charge of theft. Rokoika told the court she received a phone call from Atiu mayor George Taoro Brown, who vouched that the defendant is currently in Atiu. Kauvarevai appeared in the High Court at Atiu this week for breaching his bail conditions, which required him to reside with Alan Rua in Nikao. Rokoika moved for the proceedings to be transferred to the High Court at Atiu, but JP Kenning indicated that the matter should be heard before three justices of the peace on April 20 in Rarotonga.

Alex Napa – appeared for contempt of court – a charge JP Kenning called a “lever for collection of debt”. The defendant was ordered in May of 2007 to pay a debt of $29555 – JP Kenning indicated that the payment arrangement will continue. Napa pleaded guilty to contempt and was convicted and fined $50 plus $30 court costs.

Ngatupuna Rata – appeared on charges of being party to an offence and theft. Rokoika said she is ready to proceed to trial, and the prosecution indicated it will be calling 10 witnesses, including three police officers. The case was adjourned to March 17 for call-over.

Vinal Prasad – did not appear for a charge of driving with excess breath alcohol and JP Kenning ordered a bench warrant for his arrest.

Ilaisa Ravula – call-over on a charge of assault on a female. JP Kenning noted that the letter addressed to the court from the defendant’s partner is dated July 2011 and the case was adjourned to April 27.

Taniela Vaubula – appeared on a charge of driving with excess blood alcohol. Rokoika indicated that prosecution will be calling two witnesses at trial on April 27.

Turoi Radravo – pleaded not guilty to assault on a female and will appear for trial on June 8.

Tiley Miriau – has pleaded not guilty to possession of a controlled drug. Prosecution will call three witnesses at trial on April 28.

Roger Tauarea – faces a single charge of cultivating cannabis and two charges of burglary. Crown senior counsel Catherine Evans told the court that the matter is complicated by the fact that the officer in charge is himself facing charges before the court. Tauarea will remain in custody until he re-appears for call-over on February 24.

Jonathan Mokoha – charged with stealing two pairs of sunglasses and $735 in cash and with breaking his court-mandated curfew. He will appear before three justices of the peace on April 20.

Ngaau Samuel – has pleaded not guilty to four burglary charges. The case was adjourned to March 3.

James Thomson – faces a single charge of assault on a female. The case was adjourned to February 24.

Clifton Hosking – pleaded guilty through counsel Charles Petero to the following four charges – driving while disqualified, possession of cannabis, possession of utensils, and smoking cannabis. JP Kenning ordered a probation report and the defendant to appear before Justice Kenneth Hingston on March 9.

Joshua Koteka – faces ten charges altogether. He has pleaded guilty to seven – two dangerous driving charges, possession of utensils, possession of cannabis, smoking cannabis, wilful trespassing and escape from custody. He has pleaded not guilty to two charges of driving while disqualified and has not entered a plea on another dangerous driving charge. All cases was adjourned to February 24.

Tuvaine Ibbetson – prosecution moved to withdraw a careless driving causing injury charge and enter a charge of careless driving instead. The defendant – who has already paid reparations to the victim – was discharged without conviction.

John Andrew – pleaded guilty to driving with excess blood alcohol. The defendant was convicted and fined $250 plus $30 court costs and disqualified from driving for 12 months. Crown counsel asked that the Ministry of Health be reimbursed for a $150 blood test, but JP Kenning said he does not have the authority to grant that request.

Brian Temahanga – did not appear for a burglary charge and JP Kenning ordered a bench warrant for his arrest.

Daniel Numa, Kave Ringi and Willie Marsters were called before the court on charges of driving with excess breath alcohol. All are clients of lawyer Tony Manarangi, who is currently in New Zealand for personal reasons. JP Kenning adjourned all cases to March 3 to allow the defendants to seek alternative counsel.

Temotu Arioka – pleaded not guilty through Petero to contempt of court and unlawful taking. Both cases were adjourned to February 24.

Tereapii Ward – pleaded guilty to driving with excess breath alcohol and was convicted and fined $250 plus $30 court costs and disqualified from driving for 12 months.

Francis William and Exham George made no appearance in court and JP Kenning ordered bench warrants for their arrests.

Roundi Marurai – pleaded guilty to driving with excess breath alcohol and was convicted and fined $500 plus $30 court costs and disqualified from driving for 12 months.

Noo Mataa – faces a charge of common assault. Prosecution indicated that it will be calling three witnesses at a trial in June. The case will appear for call-over on March 17.

• Rachel ReevesRachel Reeves

James Engu was charged with threatening to kill in February of last year and appeared yesterday for a call-over in the Rarotonga High Court yesterday.

After being psychologically assessed, the court deemed him unfit to enter a plea – he has been in custody for the better part of a year.

Lavinia Rokoika took on his case pro bono in July. She has met with Dr Rangi Fariu, who she said recently indicated – albeit reluctantly – that Engu “might be a very hard case to assist”. Rokoika indicated she intends to withdraw her legal services given Fariu’s diagnosis.

She told the court that the defendant is reluctant to take prescribed medication and is not willing to seek treatment.

As there are no mental health care facilities in the Cook Islands, Justice of the Peace John Kenning said he is at a loss.

“We are going to be stymied on this issue for a very, very long time – I would ask the Crown to investigate the possibility of the defendant being transferred to New Zealand for treatment,” JP Kenning said.

Rokoika raised questions of where the defendant would reside if he were to be sent to New Zealand for treatment. He was formerly residing in Australia but Crown counsel understands he has criminal convictions, and JP Kenning surmised that he is “not allowed back”.

“New Zealand really becomes our only option,” JP Kenning said. He added that “any delays are not doing anybody any favours”.

Last year, Titikaveka resident Sonny Williams stood in court and said that Engu chased his family with a bush knife, threatening to “cut off their heads”, and that he feels safer if the defendant remains behind bars. At that stage JP Kenning excused Engu from being present at the dock for call-overs.

The case was adjourned for four weeks to allow Crown counsel to contact the relevant authorities in New Zealand.Engu will appear in court on March 17.

• Rachel ReevesRachel Reeves