Cook Islands High Court. Photo: Sian Solomon/21110511
A man facing intent to injure charges has been released from custody on strict conditions.
The court was told Samuel
Vaile had been in custody for two weeks following an incident with his partner
Defence lawyer Mark Short
said there had been meetings with medical specialists and family members, and
it had been confirmed Vaile was fit to enter a plea.
“He is not crazy or mentally
disturbed, he has all his faculties,” Short told the court.
The court heard Vaile was
being regularly monitored by Health Ministry staff and was taking medication,
“I have spoken to his
partner and family who are the victims, they have drafted a letter and are
asking for the charges to be withdrawn.”
Short said Vaile had been
involved in an incident when he went to visit his partner and one-year-old
During the visit, his
partner grabbed the daughter from him and an argument ensued.
brother-in-law started to argue with the defendant as well, when the defendant
grabbed a fishing spear from his truck and threw it at him.
Short said Vaile suffered
from bipolar disorder and it appeared he wasn’t taking his medication at the
time of the incident.
He was remanded in custody
to allow a psychiatrist and psychologist from Ministry of Health to assess his
Brown said Vaile had written
a letter of apology to his brother-in-law.
The family wanted him to get
back to work.
“I want to see him back with
his family, I want him released,” Short said.
“The father, who is most
concerned has seen improvements.”
Short said his client was
aware there would be conditions imposed if he was released.
“If he plays up, he will likely be returned to prison, he understands the risks, he has apologised to the victim.”
Police then asked for
confirmation from Health that Vaile could be released.
The matter was stood down
while Short contacted authorities.
About 30 minutes later the
matter was called again.
Short said he had contacted
authorities who had said Vaile could be released on conditions that he not
consume alcohol or drugs, attend relationship counselling, and report to
Ministry of Health for his medication.
Police supported the bail
conditions and asked for a plea at his next appearance.
The matter was adjourned to
December 8 by Justice of the Peace Tangi Taoro with bail conditions as set out
by the Ministry of Health.