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11 November 2022

Conspiracy to defraud

Friday 1 October 2021 | Written by Caleb Fotheringham | Published in Crime, National

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Conspiracy  to defraud
Cook Islands High Court. 12081330

A government member appeared in the Criminal Court on Wednesday for the charges of conspiring to defraud.

Justice of the Peace Tangianau Taoro oversaw Wednesday’s case and granted the official name suppression.

Ben Marshall represented the defendant, Cook Islands News approached Marshall yesterday but he declined to comment.

The Crown lawyer was Jana Epati, the newspaper also approached Crown Law about the case but was unable to get hold of its lawyers, who were busy in a meeting.

Ministry of Justice did not notify Cook Islands News about the case, a court staff member said it was because the case was very last minute. The ministry also declined to provide further details, including particulars that are not suppressed.

The newspaper understands name suppression was given to the defendant to give time for family to be notified about the matter. It is also understood Crown did not oppose name suppression.

The suppression lasts until October 28 when the person next appears. The person was arrested on Wednesday, charged and appeared in court on the same afternoon.

According to Crimes Act 1969: “Everyone is liable to imprisonment or a term not

exceeding five years who conspires with any other person by deceit or falsehood or other fraudulent means to defraud the public, or any person ascertained or unascertained, or to affect the public market price of stocks, funds, and, merchandise, or anything else publicly sold, whether the deceit or falsehood or other fraudulent means would or would not amount to a false pretence as hereinbefore defined.”

Meanwhile in the Criminal Court yesterday, defence lawyer Norman George had name suppression denied for one of his clients who faced a drink driving charge.

Justice of the Peace, Georgina Williams who oversaw the court yesterday said name suppression was denied because of open justice.

George referred to the government member’s court case and said name suppression was granted for that person even though it was much more serious than his client’s excess breath alcohol charge.