Court of Appeal moves at a fast pace

Friday June 16, 2017 Written by Published in Crime

The Avarua High Court was bustling with activity yesterday, with the Court of Appeal in full swing. Over seven cases were addressed including multiple new matters, two applications for provisional drivers’ licences, and multiple call overs.

 

Justice of the Peace Georgina Williams presided over the criminal court session, which began with the case of Kimiora Manuela who was facing a charge of intent to injure.

The defendant was represented by defence lawyer, Norman George, who sought an adjournment without plea. He requested that the defendant be bailed at large but this was opposed by police prosecutor, Senior Sergeant Fairoa Tararo.

Tararo told the court that he objected to the proposal of a non-custodial sentence and referred to the lack of assurance that the defendant would not contact, cause danger or further harm the victim, who was also his neighbour.

George said that because there were no medical records of any injury being inflicted upon the victim, a custodial sentence would be unwarranted.

JP Williams agreed, and granted the defendant bail, with special conditions.

Manuela was told that though bailed at large, he would have to adhere to the following conditions:

He must not contact the victim or police witnesses, not enter the victim’s property and must surrender his passport to the court registrar’s office. Manuela was also told to report to Avarua Police headquarters every Friday between 5pm and 6pm.

His case was adjourned till June 29.

Imogen Pua Ingram followed, appearing on a charge of careless driving causing bodily injury.

Ingram was represented by David McNair who requested that special consideration be given to finalising Ingram’s bail conditions. 

The court heard that the defendant had travel plans due to work obligations, and that surrendering her passport, indefinitely would be “problematic”.

As Ingram planned to travel to the US multiple times over the next few months, McNair requested his client’s passport be returned for the duration of her trips, after copies of her itinerary were given to the court.

With no objections from the prosecution, Williams agreed, and the case was adjourned till July 27, when Ingram will return to the Cook Islands.

Teremoana Ngamarama, who was already in police custody later appeared in connection to a burglary charge.

Because the defendant had been given work opportunities, an application for bail was filed by Ngamarama’s lawyer, Mark Short.

The application was made before yesterday’s criminal court session but was adjourned until confirmation of Ngamarama’s employment could be established.

With no objections from prosecution lawyers, Williams addressed the defendant.

“So if you have a job, why are you stealing?” she asked.

With no response from Ngamarama, Williams granted bail, but reminded the defendant of his probation conditions.

The court was told the defendant must reside at the accommodation he had told the court he would be occupying. He must also obey a curfew between the hours of 7pm and 7am and is not to purchase or consume alcohol or enter any licensed premises such as nightclubs. The case was adjourned till July 13.

Later, two separate cases of theft were dealt with by the court.

Lydia Lucy Twin and Anthony Tonga McBride were accused of theft, though both cases were adjourned, but for different reasons.

Williams told the Twin she believed she should seek legal opinion or a lawyer to represent her in court, and adjourned the matter till July 13.

McBride who also faced a charge of theft, was represented by Short who told the court disclosures were yet to be made by police prosecution and an adjournment was requested.

The case was adjourned to July 6.

The fast-paced Court of Appeal proceedings finished before midday and finished with two requests for provisional driving licences, which Williams granted, again with special conditions.

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