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Jury reaches verdict in Aitutaki cannabis case

Saturday 9 December 2023 | Written by Al Williams | Published in Court, National

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Jury reaches verdict in  Aitutaki cannabis case

A jury of nine women and two men have found an Aitutaki man guilty of supplying cannabis following a two-day trial on Rarotonga.

They returned a majority verdict of nine to two, just after 4pm yesterday, following six hours of deliberations.   

Oceania Mataiti was found guilty of supplying cannabis on Aitutaki between January 1, 2021 and February 8, 2022.

Following the verdict, Crown prosecutor Jamie Crawford said the starting point for sentencing would be imprisonment, but the Crown was not opposed to a community-based sentence.

Defence lawyer Norman George said a community type sentence could be served on Aitutaki and that a probation report would be useful.

Justice Christine Grice said Mataiti could return to Aitutaki, bail was not opposed.

George said his client would stay on Rarotonga for the time being, as he was facing other charges for possession of cannabis and a utensil.

Justice Grice said the matter would be adjourned to December 15 for a date to be set for sentencing.

A probation report would be requested and Justice Grice would suggest it be authored by an Aitutaki writer.

Justice Grice gave a summary on Friday morning before the jury retired at the High Court in Avarua.

During the course of the two-day trial the court heard the defendant had been suspected of supplying cannabis and a search of his residence on February 8, 2022 by Police uncovered cannabis.

Mataiti denied supplying cannabis, assisted by a translator, he spoke in Maori and told the court he entertained friends at his Aitutaki home, providing them with food while they brought their own beer, cigarettes, and cannabis.

He denied offering anyone cannabis and said it was the Crown witness’s friends who supplied the cannabis.

He had never purchased, grown or sold cannabis, and had never supplied cannabis to anyone, the court heard.

The Crown witness, also through an interpreter, said he lived in Aitutaki and had smoked cannabis.

He smoked it with friends and named several people, all aged between 15 and 17. He said he met Mataiti during a Christmas celebration in 2021, who offered him cannabis.

In summarising on Friday, Justice Grice told the jury they would be presented with a question trail and reminded them not to look at anything online, and put other matters out of their heads.

They were told to put all emotions aside and not to be prejudiced by beliefs.

They had heard the defendant admit he had smoked cannabis, and they may have had their own views, but were again reminded to put prejudice aside.

“Assessing the credibility of the witnesses is one of your key roles.

“Apply good common sense and work collectively as a team.”

Mataiti had pleaded guilty to possession of cannabis and possession of a utensil, but it was wrong to assume that because he pleaded guilty to those two charges, that he was guilty of supplying cannabis, Justice Grice said.