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JP wary of pressuring complainant

Tuesday 23 January 2024 | Written by Losirene Lacanivalu | Published in Court, National

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JP wary of  pressuring complainant

An assault on a female case was adjourned after the defence requested time for family mediation, sparking a debate about pressuring the complainant and cultural practices in domestic violence cases.

An assault on a female matter has been adjourned to January 25 after a defence counsel requested for an adjournment.

Tekorna Ariki Tekorona appeared before Justice of the Peace John Whitta at the Avarua Criminal Court on Thursday last week for a charge of assault on a female.

Defence lawyer Mark Short asked for an adjournment stating he was waiting for instructions from his client and would like to file a formal adjournment request.

He mentioned that the defendant, who works in Australia, needed to return there for work and a family meeting regarding the case was planned.

JP Whitta expressed his disapproval of such family meetings when the matter involved domestic violence, specifically a male assaulting a female.

He stated that coming forward with a complaint is already difficult, and he would not condone pressuring the complainant to drop the charges.

Short replied that he understood the rule of evidence but argued that considering the family’s desire for a meeting; “who are we to stop it”.

He explained that Cook Islands’ small size and cultural importance of family gatherings could sometimes lead to positive outcomes.

Short reiterated his lack of knowledge about the specific charges and circumstances of the case.

He said his client has a family, he works in Australia and had to return.

JP Whitta said he would like to hear from the complainant directly, not the family.

The case was adjourned, and the defendant’s passport was surrendered to the court.