39 criminal cases heard

Saturday February 06, 2016 Written by Published in Crime

Thirty Nine Criminal Cases were brought before the High Court and Justice of the Peace John Kenning on Thursday February 4. He made the following judgements:

 

Katirina Bartley appeared on a charge of careless driving causing injury. Senior Crown Law prosecutor Cheryl McCarthy sought an amendment to the name of the victim. Through Bartley’s defence counsel Martha Henry a plea of guilty was made and an adjournment request for sentencing was sought until March 11 before Justice Potter. A probation report, victim impact and medical report was also ordered.

Ngu Marsters appeared for sentencing on a charge of assaulting a female. JP Kenning requested an adjournment until February 11 due to a possible conflict of interest with the defendant.

Ngarouru Nooroa appeared on a charge of assaulting a female. His defence counsel Mark Short sought an adjournment until March 31 to allow time to review the case further with his client.

Ngatokorua Tonorio through his defence counsel Norman George entered a plea of not guilty to a charge of refusing to undergo a breath test. Tonorio will return for call over to establish a suitable defended hearing date on February 25. Tonorio is remanded at large.

Iobu Pereeti appeared on five counts of burglary.  His defence counsel Wilkie Rasmussen sought an adjournment until March 24 to allow time to review all charges and to give police the opportunity to furnish disclosure documents.

Taranivao Tekeu appeared on a charge of driving while disqualified. His defence counsel Norman George sought an adjournment until February 18 as he has yet to receive all relevant information on the charge. Police concur.

Teupoo Araipu appeared on a charge of assaulting a female. His defence counsel Mark Short sought an adjournment until March 3 to allow him time to work with the prosecution through a resolution plan. Bail conditions are to continue which includes refraining from the consumption of alcohol and to not offer any further acts of violence.

Tehaaumaru Tini appeared on two charges of unlawfully found and theft. Due to Tini’s late appearance and the absence of his counsel, an adjournment until February 18 was made. 

Auemamae Rakanui appeared for sentencing on a charge of assaulting a female. His defence counsel Norman George through his submissions explains how this was a case of a minor domestic violence case between him and his partner involving alcohol however failing to cause injury to either party. George submitted a written reference from his employer describing Rakanui’s character and value to his place of employment. His partner, Metuariki Tetava was asked to respond to questions in his defence to allow the court to make an informed decision. Justice of the Peace Kenning confirms that there is a zero tolerance to violence, and more importantly violence on a female. However there should be a time when a man is allowed to defend himself. After reviewing all the facts, reviewing references and hearing from the victim, Rakanui was discharged without conviction.

Puretu Enoka appeared on a charge of threatening to kill. Her defence counsel Wilkie Rasmussen sought an adjournment until February 18 to allow him time to learn more about the facts of the case has he had just received instructions on Wednesday. Enoka is released on bail with conditions to refrain from purchasing or consuming alcohol and not to associate with the victim.

Evander Tuala through his defence counsel Norman George entered a plea of guilty to the charge of excess breath alcohol. A request for call over was made until February 25 to allow for submissions and for a probation report to be presented to the court. The court excused Tuala from appearing on this date, however instructs him to appear on a later date for sentencing.

Teikamata Pareanga through his defence counsel Mark Short entered a plea of guilty to a charge of driving while disqualified. Police prosecutor Fairoa Tararo sought an adjournment for sentencing until February 25 with an order for a probation report to be presented.

Tepatua Crummer while in custody appeared on a charge of theft. His defence counsel Mark Short pleaded with the court to assist with finding a way forward for his client as all family support has been exhausted. Crummer was remanded back into custody for one week to allow his counsel time to seek alternatives for him within the community.

Metuamoeroa Ngarueiti while in custody appeared on a charge of assault. Senior Police prosecutor Fairoa Tararo confirms that the case is still under investigation and an adjournment was made until February 25for sentencing.

Michael Tavioni failed to appear when summoned on a charge of failing to furnish his annual income return for the years 2007-2014 due to being in hospital. An adjournment until February 25 was requested by Crown prosecutor Cheryl McCarthy to allow time for the defendant to be present. A medical certificate was ordered.

Winnie Wichman failed to appear when summoned on a charge of failing to furnish her annual income tax return for the years 2005-2014 due to residing in Aitutaki. An adjournment until February 25 was requested by Crown prosecutor Cheryl McCarthy to allow time for the defendant to seek legal advice and to make travel arrangements for her return to Rarotonga.

Strickland Motors Ltd failed to appear when summoned on charges of failing to furnish company annual income tax returns for the years 2005-2014, one charge of failing to furnish VAT tax returns and one charge of failing to furnish monthly PAYE tax returns. Due to failing to appear an adjournment was requested for one week until February 11. 

Michael Brown appeared with his defence counsel Mark Short on an application for a partial licence. Police prosecution Fairoa Tararo objected to the application on the basis of a previous condition breach. Brown was declined his application.

Ngametua Mamanu through his counsel Norman George entered a plea of not guilty to a charge of assaulting a female. An application for name suppression was made by counsel and was objected by police and declined by JP Kenning on the basis of open justice. An adjournment for trial has been set for March 3.

Tai Tekopu appeared on a charge of assaulting a female. His defence counsel Mark Short explained how the arresting officer has gone overseas and counsel has yet to receive disclosure. Therefore an adjournment has been set until February 25 to allow time for disclosure to be presented to counsel. Bail conditions to continue.

Paani Vailoa appeared on a single charge of excess breath alcohol. A guilty plea was entered through his defence counsel Norman George. A probation report was ordered and a call over date to establish a sentencing date was set for February 25.

Helen Koroa through her counsel Mark Short entered  pleas of guilty to a charge of theft and a charge of unlawfully taking. Koroa also appears on two additional charges of dishonestly using a document where no plea was given due to a possible misunderstanding as the victim in question was in fact her partner. A sentencing date has been set for the charge of theft and unlawfully taking on March 22 before a three JP sitting with a probation report ordered. The remaining two charges have been adjourned for call over on February 18. Koroa is remanded with bail conditions to continue.

Verna Shepherd appeared on a single charge of excess breath alcohol. Her defence counsel Norman George appeared on her behalf and sought an adjournment until March 31 as he has yet to receive disclosure documents from police. Shepherd is remanded at large.

Morey Vati appeared on a charge of excess breath alcohol. His defence counsel Mark Short requested an adjournment until March 3 as there are still outstanding anomalies with the process to which the case was conducted.

Metuamoeroa Tangatapoto appeared on a charge of burglary. His defence counsel Norman George confirms that they are ready for trial. A trial date was made for April 26 before a three JP sitting and Tangatapoto is remanded on bail with his conditions to continue.

Teina Tekoronga failed to appear when called upon on his charge of assaulting a female. Due to medical reason he was unable to attend and therefore an adjournment was ordered until February 25 to allow him time to recover. An order has been made for a medical certificate to be presented to the court on his return.

Kaitara Ngatokotoru Nicholas appeared on charges of contempt of court, excess breath alcohol and breaching his probationary conditions. His defence counsel Norman George sought an adjournment until February 25 as Nicholas is scheduled to appear before the court on nine outstanding charges. George acknowledges that with these new three charges it will bring Nicholas to a total of twelve pending charges. The adjournment was granted upon the condition that a way forward will be determined on their return.

Talimealahi Ofa Tuileila appeared on a single charge of contempt of court. According to Police Prosecutor Tararo the reason for Tuileila breaching his conditions was due to not knowing what his conditions were. Tuileila also faces several charges of contempt with an outstanding burglary charge pending trial.  Due to the complexity of the case, his defence counsel Mark Short asked the court for time to review all the charges before confirming a way forward. Justice of the Peace after consideration ordered that a supplementary report be furnished by probation for his two guilty charges which will be sentenced on February 25. All remaining charges have been scheduled for call over on February 11.

Andrew Tonorio appeared on two charges of assaulting a female and common assault. His defence counsel Norman George sought an adjournment until March 31 as the process of charge substitution is being conducted between counsel and prosecution.

Alan Ruaporo through his defence counsel Mark Short a plea of guilty to a charge of excess breath alcohol. A probation report was sought as this is not his first conviction of this nature. An adjournment for sentencing was set for March 3.

Edward Henry appeared on two charges of common assault and assault on a female. Through his defence counsel Norman George a guilty plea was entered for the common assault charge and a not guilty plea was entered for the charge of assaulting a female. Henry will appear for his defended hearing and sentencing on May 10.

Teariki Araipu while in police custody, appeared on one charge of burglary and two charges of contempt of court. Police Prosecutor Tararo recommended that Araipu be remanded in custody as he continues to breach his conditions and has several warnings.  His defence counsel Mark Short requested that the adjournment be within two weeks as it will have an effect on his clients employment. Araipu has been remanded into custody with an adjournment date for February 18.

Robert Piniata appeared on a charge of joint burglary. His defence counsel Norman George sought an adjournment until March 31 due to having difficulties meeting with his client. An adjournment was granted however a curfew condition was imposed.

Purotu Faireka entered a plea of guilty to a charge of exceeding the legal limit of alcohol found in ones blood while driving a motor vehicle. A total of 211mg of alcohol was found in her blood. Faireka was convicted and fined $500 plus $30 court costs plus reparation costs of $150 with a disqualification from driving for a period of 12 months.

Parmesh Naicker appeared on a charge of assaulting a female. Naicker appeared just before Christmas and was given the opportunity to seek legal advice. Naicker requested that he did not require a lawyer and would like to have his case dealt with today. A guilty plea was entered and a sentencing date was made for March 3.

Teaumetua Araipu appeared on a charge of breaching her probationary conditions. Her defence counsel Norman George through his submissions concluded that the cause of the breach was due to her love for alcohol. In addition there is a serious concern around the family dynamics as there is evidence of dysfunctional relationships within the family that needs professional assistance. A probation report was ordered and a sentencing date was set for February 25 where a decision for solutions will be presented rather than a decision for punishment.

Aisake Fimone failed to appear when called upon for his charge of breaching his probationary condition. A bench warrant was ordered for his arrest.

Kaveao Kaveao appeared on two charges of unlawfully found and theft. Kaveao previously secured representation through Charles Petero however due to a conflict of interest; Kaveao was instructed to seek a replacement in counsel. Kaveao will reappear on February 18 for call over.

Teokotai Tupoou entered a plea of guilty to a charge of contempt of court. Tupoou was convicted and fined $20 plus $30 court costs.        

                - Sharna  Matapuku

 

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