Court case ‘lost’ for nearly two years

A case “lost” in the system for nearly two years finally returned to the Criminal Court on Thursday.
“There is no idea how long this case would have languished in the depths of bureaucracy, so the Court apologises to the victim,” said Chief Justice of the Peace John Kenning.
Kenning told the court the case first arose in January 2005 and, after six months, it dropped off the “radar screen.”
He said it was the fault of the court and counsel as the matter was inexplicably adjourned without a date for the next court appearance. He said an apology was due to both the victim and the defendant.
The case involved a man facing one serious charge. His original lawyer was Tepure Tapaitau, who had since departed to become the Cook Islands High Commissioner to New Zealand.
A not guilty plea had been entered by the defendant. But the case was never properly adjourned because no date had been set for it to be heard. Reports were also missing.
Deputy Solicitor-General Tingika Elikana told the court the case had been raised by Crown Law out of concern that it had been left languishing.
COMPLAINT
He said medical reports on the defendant had been prepared in June 2006. Elikana said there had been a complaint by a member of the public, whom Kenning believed to be the alleged victim.
Lawyer Tevita Vakalalabure rose to offer his assistance. He told the court he was prepared to represent the defendant on a pro-bono basis (free of charge). This offer was accepted by the defendant and his uncle, with whom he was residing.
Elikana requested a one-week adjournment to provide disclosure to Vakalalabure.
Kenning adjourned the case to 22 March stating orders already granted were to continue. They were;
- bail, report to Police at 6pm on Fridays,
- live under the care of his uncle,
- not to approach the alleged victim.

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