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Justice system our highest priority: PM
Traffic offender granted permission to appeal case
Ringi to appeal sacking decision
Cannabis accused named
Man fined for cannabis possession
Gun thief a menace to society
Sentencing set for July
Offender warned prison next time
Cases set down for July or September
Scam suspect released on bail
Round 2 of netball games start
Justice system our highest priority: PM
Thu
9 May
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A regional workshop is being held this week in Rarotonga for judicial officers.
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Prime Minister and Minister of Justice Henry Puna told a regional gathering of lay magistrates yesterday morning the administration of the justice system is high priority and requires adequate resources.
“We need to stay vigilant and attentive to the needs of the judiciary and ensure that its services are preserved and strengthened where required,” he said at the opening of the Lay Judicial Officers and Decision-making Workshop.
The workshop is being run this week at Edgewater Resort & Spa with the support of the Federal Court of Australia and the Pacific Judicial Development Programme (PJDP).
Judicial officers from around the Pacific are participating, including several from Rarotonga. The key facilitators are Professor Raymond from the University of Alabama in the United States, and Justice Neil McKerracher from the Federal Court of Australia.
Puna welcomed the delegates and programme facilitators, telling them he was an Australian law graduate himself. He quipped he had left the legal profession behind only to end up in an equally unpopular profession – as a politician.
Puna acknowledged the dedication and service of the lay magistrates and thanked the PJDP for strengthening the judicial officers’ professional capabilities.
“It is important that your responsibilities reflect the highest levels of competencies in the administration of justice and that confidence and integrity are sustained in the eyes of the public.”
The Cook Islands is facing a wide-range of pressures that are impacting upon the judiciary, as with many other sectors, he said. These include ongoing community-sensitive issues such as burglaries and domestic violence, drink driving and drug use among the youth.
The administration of land claims and the extent to which these cases have been taken to in recent years is adding burdens upon court services, Puna added.
“Law and order and the security of our homes are common concerns and the administration of the justice system requires our highest priority and adequate resources.”
Traffic offender granted permission to appeal case
Thu
9 May
A woman who said she did not refuse to do a breath alcohol test because she did not get asked in the first place has been granted leave to appeal the High Court’s decision.
Tiare Kelleher was found guilty by Justice of the Peace Tangi Taoro at a defended hearing on March 26 for refusing to undergo a breathalyser test.
During the trial, Kelleher denied she refused the test because she said she was not directly asked at the police station. She also alleged she was targeted by police because of a past complaint and that a female police officer threatened to break her fingers unless she complied with fingerprinting.
Her lawyer Mike Mitchell said the Transport Act was “poorly drafted” and the provision making it mandatory for people to give breath or blood samples is the only one in criminal legislation that lets people incriminate themselves.
He said it would be “unsafe” to convict his client as there was room for doubt that she was not directly asked for a breath test at the station.
Yesterday Justice Judith Potter granted leave for the case to go through to the Court of Appeal.
It is likely to be heard in the July judge sitting and take half a day. Kelleher is to file submissions no later than two weeks before hearing date and respondent’s a week before.
Ringi to appeal sacking decision
Thu
9 May
Sacked former director of immigration Kave Ringi has been granted permission to appeal a High Court decision in his case against unfair dismissal.
Ringi received a written notice of termination from Ministry of Foreign Affairs and Immigration secretary Jim Gosselin on December 21 last year.
In the letter, Gosselin said Ringi repeatedly refused to accept his authority or work with him as the head of ministry. He said Ringi was repeatedly insubordinate and undermined his authority in public and in front of other staff. The dismissal gave one month’s notice but required Ringi to vacate his office immediately.
At the start of this year Ringi lodged a complaint of unfair dismissal against Gosselin and attorney-general Prime Minister Henry Puna. The case was heard in March by Justice Hugh Williams, who decided not to quash Gosselin’s decision.
In court before Justice Judith Potter yesterday, Brian Mason, acting for Ringi, pointed to provisions in the Cook Islands Constitution to support his application for appeal.
He said the dismissal was “complicated” and that Williams had emphasised the immigration job is sensitive due to the human nature of the role.
There is public interest in the matter which relates to the departmental reshuffling in 1996 which changed how public service is administered, said Mason.
Ringi had two decades of immigration experience in Australia, came home and was subsequently dismissed in a humiliating way, said Mason. “He is no longer sure he can live here...It was his life and his career.”
The respondents have taken a neutral position on the appeal, neither supporting nor opposing it.
Crown lawyer Martha Henry agreed there is public interest in the case.
Potter granted leave for Ringi to appeal. November 19 is tentatively set for the appeal to be heard. Ringi must pay security for costs of $2000 before then.
During the March hearing, Mason’s arguments included that Gosselin did not have authority at the time to terminate Ringi’s employment – which Crown denied.
He also said the dismissal was in breach of the Public Service Act 2009 and the Employment Relations Act 2012.
Crown’s arguments included that the Employment Relations Act had not yet come into force, and that there was no written contract of employment signed between the parties.
Cannabis accused named
Fri
10 May
Justice Judith Potter has lifted the name suppression of a man accused of importing cannabis.
Roger ‘Tai’ Blake is accused of importing and possessing cannabis. The Cook Islands Television sports presenter received name suppression in March.
At that time, the name suppression application was made by defence lawyer Charles Petero on the grounds the man is well-known to the community and the publication of his name would likely cause him to immediately lose his job.
The name suppression was granted but Justice of the Peace John Kenning said this was to give him time to explain to his children what was happening rather than him being a public figure.
Yesterday in the High Court prosecutor Sheryl King said Crown opposes the continuation of name suppression. She said Crown originally did not oppose it as it was granted to let the man tell his family.
Defence lawyer Charles Petero did not argue the name should remain suppressed, as the defendant understood its purpose is over.
Blake has not yet entered pleas.
Potter also re-granted Blake’s bail. He must report to police before 4.30 pm every Friday, must not be in possession of or consume drugs or drugs related paraphernalia. He must not commit any alcohol-related crime, or associate with Aumareva Aumareva.
Petero asked for a month to prepare the case before next appearing in the June call-over before JPs. This request was granted.
Man fined for cannabis possession
Sat
11 May
A man caught with a small amount of cannabis and a bong to smoke it received a hefty fine in the High Court yesterday.
On April 11, police searched Joseph Cowan’s house in Matavera where they found a plastic drink bottle which had been made into a bong and dried cannabis, weighing about 1.15 grams. He told police they were for his personal use.
Cowan, 38, entered early guilty pleas to both.
Cannabis possession attracts a maximum sentence of two years of prison or a $2000 fine. Possessing a bong carries up to five years in prison or a $5000 fine.
Crown lawyer Cheryl King said while drug offending is a serious problem in the community, this offending is at the lower end of the scale. She recommended a probation term and a fine of around $800 to $1000.
Defence counsel Charles Petero sought a fine in the range of $500 to $800. He said his client is able to pay the fine as he is currently working two building jobs.
The judge said she had read a number of references and pre-sentence reports and noted Cowan is highly regarded by his peers and employers.
Potter said he could expect a prison term should he be caught again.
He was fined $800 and the utensil is to be destroyed. Court costs of $30 were also ordered.
Gun thief a menace to society
Mon
13 May
A man who committed a string of burglaries – including stealing his neighbour’s gun – was told he is a menace to the community by the presiding judge.
Alberta Tutakiao, 26, pleaded guilty to four burglaries, firearm possession, and being unlawfully found on private property.
On August 9 he burgled Anchor’s Rest accommodation in Betala. He entered though the unlocked front door and stole a video camera and wallet. While the complainant was sleeping he entered her bedroom and rummaged through her suitcase. When she woke up and screamed, he left.
On December 23 he burgled the Eggelton’s family house in Matavera, where he stole four bottles of spirits and an iPhone. He was spotted leaving the premises and police recovered the property the day after.
On March 8 he was unlawfully found at Tarani Oceanview Villas, where the complainants found him trying to break into their villa.
On September 6 he forced open a door to his neighbour’s house and stole a safe containing jewellery, $1000, and electronic equipment.
On September 21 he again burgled this house by forcing open the side door. He took a PlayStation and games and a 12 gauge shotgun with ammunition.
Police caught him the next day.
“Burglary is becoming a major problem on the island. It affects the sanctity of the community and affects the tourism industry,” said Crown lawyer Tuaine Manavaroa.
Tutakiao is a recidivist offender and has already served more than two years in prison for burglary charges. He should go to prison and then serve 12 months’ probation, said Manavaroa.
Defence lawyer Wilkie Rasmussen said the defendant lives with his adoptive family, who believes he has psychological problems. But he said it is hard to get psychological assessments done on the island and presented no evidence to the court on this.
Justice Judith Potter said the defendant has caused “enormous concern” to his victims.
It is concerning he committed so many crimes in a short period of time and that he has a long criminal history, she said.
“It does appear when you are out in the community you are a menace interfering with normal citizens trying to go around their daily lives.”
On Friday, she sentenced him to three years and nine months in prison.
Sentencing set for July
Mon
13 May
The former prison guard who helped prisoners escape in order to commit crimes will be sentenced in the July judge sitting.
Nia Peters was due to be sentenced on Friday on two charges of assisting escape from lawful custody.
He also faces a charge of aiding and abetting a crime as a result of permitting the escape from Arorangi Prison on June 24 to 25 last year.
But he told his lawyer Charles Petero he wants to get alternative legal advice.
Justice Judith Potter warned him that sentencing would go ahead in July whether he had a lawyer or not.
Offender warned prison next time
Mon
13 May
Justice Judith Potter sentenced a young father to probation for cannabis offending and warned him if it happened again he would go to prison.
On March 1 2013, 18-year-old Maarametua Teritaiti was stopped by police while driving. Under questioning he admitted he was in possession of what turned out to be 0.57 grams of cannabis and a bong.
Crown lawyer Tuaine Manavaroa said cannabis offending is an increasing concern in the community and must be deterred.
He acknowleged it is a small amount of cannabis but said the defendant was sentenced on similar charges in 2011.
Crown recommended two weeks in prison, then a 15 month’ probation service.
Defence lawyer Wilkie Rasmussen said Teritaiti, who has a child, is a young man with potential to do well. He is on an agricultural programme to learn more about farming techniques.
Teritaiti entered an early guilty plea. “He is extremely remorseful for what has happened and he says he has learnt his lesson.”
Rasmussen asked the judge to give him a chance. He provided letters of support from the man’s mother and partner.
A probation report described him as hardworking and responsible. Probation Services recommended 12 months’ probation and community service.
Rasmussen agreed with this recommendation. Potter said the good character references were all very well, but “if you continue criminal offending it is hardly helpful to your partner, your little son or the wider community.”
Potter said she decided not to send him to prison “although you probably deserve it”.
She hopes he chooses a drug free future and said if he needs to cut loose some friends who were influencing him, then he should do so.
“One thing is certain. If you come before the courts again for this type of offending, you will go to prison.”
On Friday Teritaiti was put on 15 months’ probation with the first nine months on community service. He must also pay court costs of $30.
Cases set down for July or September
Mon
13 May
Justice Judith Potter presided over the High Court on May 9 and heard the following cases on call-over:
James Estall – faces charges of manslaughter and excess breath alcohol.
Disclosure has been made, depositions are signed and parties are ready for trial, said prosecutor Martha Henry. Lawyers estimate this case will run four to five days. If there is no time for it to be heard in the July judge sitting, it will be heard in September.
Umuumu Peraua – is charged with threatening to kill, and everything is ready for the trial to go ahead. The defendant and witnesses live in Mangaia and must be brought to Rarotonga for trial. Lawyers estimate the trial will take three to four days.
Noema Kauvarevai – is charged with injuring with intent, which is a joint charge with Leroy Robinson. Crown said they will be tried together – as long as Robinson has pleaded not guilty – and estimated it will take four to five days to do so.
Kauvarevai is also accused of having sexual intercourse with a girl under 16 years and careless driving causing bodily injury.
Defence lawyer Norman George said Kauvarevai elected trial by jury for the sexual intercourse charge. George believes it will take two to three days to hear.
Potter said this is a priority matter for the July judge sitting because of the young alleged victim, who will give evidence.
The defendant originally pleaded guilty to the careless driving charge but George indicated he would be applying to have the plea vacated, as the defendant did not have legal representation when he entered the plea.
Kauvarevai was also arrested two weeks ago for possessing a bong, which he denies is his. He had been kept in custody since then and George said there is no reason for him not to be bailed.
The defendant has been on bail since the start of February and has not breached his conditions.
Crown opposed the bail as the defendant faces a number of serious charges, and the man has a long criminal history.
Potter said he was “very naughty” to have been caught with a bong but released him on bail as he had a good record of sticking to bail conditions.
He must live with a specified Arorangi resident, must not purchase or consume alcohol or non-prescribed drugs, or contact the complainant or any Crown witnesses.
She warned him if he breached his conditions he would go back to prison.
Leroy Robinson – is facing with injuring with intent to injure and assault charges. Defence lawyer Wilkie Rasmussen said he had pleaded guilty to both but Crown thought he had pleaded guilty just to the assault. The judge asked lawyers to clarify the position.
Gene Hunter – is charged with cultivation and possession of cannabis. Lawyers said they are ready to proceed and estimated trial time to be three to four days. Potter re-granted him bail on the condition he not make an application for a passport – he has already surrendered his passport to the court.
Eliesa Sivaro – is charged with rape and indecent assault. Lawyers said the trial is ready to proceed and will take three days. George anticipates a pre-trial hearing once full disclosure of facts is made. Potter said it is unlikely to be reached in the July judge sitting, but noted its priority due to the serious charges. If not July, it will be heard in September.
Avitesh Prasad – is accused of theft as a servant. Disclosure of facts is ongoing, but lawyers estimate it will take about four days in trial. No plea has been entered at this stage. Prasad must appear for call-over in July to see how the case will proceed.
Maarametua Tearaitoa – is facing 13 charges of forgery and 12 charges of using a document to obtain pecuniary advantage. The charges date back to 2011 and George said they are ready for trial. Four to five days of hearing time will be needed for this case. The defendant and witnesses live on Atiu and will have to be brought to Rarotonga for trial. It will be heard in either the July or September judge sitting.
Scam suspect released on bail
Tue
14 May
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A man suspected of operating a scam and of trying to advertise pornographic movies has been released on bail before his trial this week.
His name has not been released as the case has yet to come before the court.
He was charged on Thursday with obtaining credit by means of false pretence after a complaint was laid against him for taking $390 in bond money for a rental property that it was later discovered he did not own or manage.
Cook Islands News also notified police on Tuesday that the same man had tried to place an advertisement for what are believed to be pornographic movies.
Senior sergeant Ta’a Tereapii said the movies have been seized by the police, but they have yet to determine the content of the DVDs.
The man is a New Zealand-born Cook Islander who makes regular visits to the Cooks, said Tereapii.
He was not previously known to the police.
The man is believed to have been based in Wellington before arriving in Rarotonga recently. He has reportedly told police he suffers from a mental illness and a heart condition.
Round 2 of netball games start
Wed
15 May
The senior open one and two netball teams will kick start round two of the domestic netball season tonight at the Telecom Sports Arena in Nikao.
The Ngatangiia and Arorangi premier netball teams are also scheduled to take to the courts tonight.
Games are set to be more intense as teams begin to plot their way to the grand finals of their respective divisions.
This week the club match-ups will see Takuvaine take on Tupapa, Ngatangiia meet Arorangi and Avatiu go up against Titikaveka.
At the weekend, a tight battle was seen between the evenly matched Takuvaine and Ngatangiia premier netball teams.
However, it was the ladies from Ngatangiia that had the extra oomph to win the match 54-50.
Titikaveka were too strong and too experienced for the young Tupapa side to win their game 85-39, but the exciting young and talented Tupapa side will be a force to reckon with as they gain more court time and experience.
Avatiu used their match against Arorangi to polish up on some of their combinations ahead of the second round.
The Dragonflies won their match against Arorangi 62-46.
High scores were also registered in the reserve grade division, with Avatiu scoring 69 goals against Arorangi’s 31 ,while Titikaveka outplayed Tupapa 81-40.
Avatiu won all but one of their games against Arorangi at the weekend, just missing out in the under 8 division where the Arorangi baby bears edged out the baby eels 4-3.
The under 12 match between the two clubs ended in a 15-all draw.
Titikaveka won most of their games against Tupapa with the ladies from Pantherland dominating in the under 12 game 17-2, under 10 match 16-1 with the under 8 game ending in a 5-all draw. - MW
Last week’s results:
Titikaveka vs Tupapa (Titikaveka scores first) – Premier-85 vs 39, Reserves-81 vs 40, Junior Open-27 vs 16, 15 Under-40 vs 13, 12 Under-2 vs 17, 10 Under-1 vs 16, 8 Under-5 vs 5, Takuvaine vs Ngatangiia (Takuvaine scores first) – Premier-50 vs 54, 12 Under-18 vs 18, 10 Under-11 vs 1.
Tonight’s draw – 5:30pm on court one-Open 2 Takuvaine vs Tupapa, 5:30pm on court two-Open 2 Avatiu vs Titikaveka, 6:20pm on court one-Open 2 Ngatangiia vs Arorangi, 6:20pm on court two-Open 1 Avatiu vs Titikaveka, 7.15pm on court one-Open 1 Takuvaine vs Tupapa, 7.15pm on court two-Open 1 Ngatangiia vs Arorangi, 8.10pm on court one-Premier Ngatangiia vs Arorangi
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