A man on probation for an alcohol-related offence was remanded in custody after breaching his conditions and then swore at the Justices of the Peace in the Avarua Criminal Court, potentially leading to further charges.

Okirua Robert Manuela, who was brought before the court for an earlier conviction of “drunk in a public place”, was alleged to have breached his probation conditions by drinking alcohol and a domestic violence-related call-out.

Justice of the Peace Paul Turepu, assisted by JP Tangi Taoro, presided over the arrest court session, during which police prosecutor senior sergeant Fairoa Tararo submitted an application for the defendant to be remanded back in custody due to the probation breaches.

In delivering the submission, JP Turepu noted that Probation Services had confirmed the defendant’s status and were in discussions with his employer. The court ordered the man be remanded in custody until July 10.

The defendant, however, reacted strongly to the possibility of being remanded, speaking loudly and repeatedly over the JPs.

While on the stand, he defended his actions, saying: “I’m going to lose my job and then no more. I can’t get a job anywhere else. I’ve been living off Mom and Dad making troubles for them but now I got me a job, if I lose this (job) again, it’s just going to take me back to stage one and make trouble.”

In response, JP Taoro told him: “And whose fault is it? You should’ve considered that before you did what you did. The reason why you are here is because you’ve broken the law. This is not the first time you’ve appeared in court for this.”

The defendant Manuela insisted: “I haven’t been drinking. This is my first time drinking from all my conditions. I’ve never touched alcohol to this very moment. I told you I’ve never honestly touched alcohol.”

Despite these claims, probation confirmed the breach, and the court proceeded with the remand order.

However, before the JPs had completed their ruling, the defendant sat down on his own accord and muttered “f*** yous” loudly within the courtroom — prompting immediate concern and action.

No further action was taken against him by the JPs.

Senior sergeant Tararo later confirmed to Cook Islands News that the man’s behaviour in court could’ve led to further charges of courtroom misconduct if it wasn’t for the JP.

“Yes, there will be (additional charges) and it’s based on his probation (reports) because he’s on probation,” Tararo said. “Also, because the call-out was a domestic call-out and he was found by police to be under the influence.”

When asked about whether contempt of court charges would be laid for his behaviour in court, Tararo explained, “It can be. I suppose at the end of the day it comes back down to the JPs as well. I did cases in the past where it’s similar, the offender got out of hand.”

Senior sergeant Tararo confirmed that swearing in court could constitute both contempt and a criminal offence.

“It’s contempt (of court) and also, it’s a criminal offence. It’s an open (place) to the public, you know, it’s profanity in a public place.”

He noted that while this wasn’t the first time someone had sworn in court, it remained a serious matter.

Following the outburst, the prosecutor stood next to the defendant as the JPs completed their ruling.

The defendant continued to resist instructions from the prosecutor, at one point refusing to stand when told. When he did eventually rise, it was with visible frustration.

Upon being remanded into custody, the defendant returned to the courtroom floor and paced around angrily.  

Senior sergeant Tararo had to instruct him again to remain in one area, as he was to be held in custody until his next court appearance on July 10.

Further charges will be laid pending discussions with probation services and court officials.