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11 November 2022

Letter: Prosecuting bars for over-serving

Tuesday 30 January 2024 | Written by Supplied | Published in Letters to the Editor, Opinion

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Letter: Prosecuting bars for over-serving

Dear Editor, The CI News Saturday edition page 2 under “Court News”, your paper reported on the conviction of Agnes Rameka by Justice of the Peace Vania Kenning of drink driving while more than four times over the legal alcohol limit.

. If your reporter got it correctly, the convicted driver did not make it very far from Vaiana’s Bar & Bistro before crashing into a fence near the airport.

Police spokesman Trevor Pitt has on more than one occasions told CINews readers that the Police have never charged a licensed bar owner with having continued to serve an already intoxicated customer because the Police have never had evidence of any such crime.
May this writer assist Mr Pitt, by suggesting that he approach the Deputy Registrar for the Criminal and Civil Court for all of the documents that were before JP Kenning, as well as a transcript of the hearing before Her Worship? And then whether the Police normally retain a private solicitor or Crown Law, to ask one or the other to consider filing any appropriate charges against the licensee.
It's crunch time Trevor; are the Police serious about stopping the road toll, or too afraid to finally do their duty?

(Name and address supplied)

Trevor Pitt replies: We have been down this road before and the public demand to prosecute bars/night clubs is fully understandable. 

The lack of responsibility and accountability spreads beyond just one person, i.e. the driver. There’s also the person sitting beside the one who drives that fails to intervene, as well as those friends around the bar, who may also be buying the drinks for the one who is caught and prosecuted.

Bar managers ought to be accountable for failing in their duty to monitor those knocking them back, especially over a long period of time. But prosecutions must be proven in court and the gathering of evidence is not straight forward.  Might sound easy. 

This issue has been raised previously and will again be brought to the attention of the Police Leadership. Police also have input to the liquor licensing body, which can also impose measures, and this will again be raised.