Procedural lapses dog BTIB case against Taakoka Island Villas

At a hearing in Chambers on Monday before Justice Williams, the issue of the quality of the Crown’s preparation arose as Justice Williams drew attention to procedural lapses on the part of the Business Trade Investment Board (BTIB).
Crown law are representing the BTIB in a case against Taakoka Island Villas where the BTIB allege that the company are a foreign enterprise within the meaning of the Development Investment Act but are in breach of s42 of that Act in that it has carried on business in contravention of s26.
There was a hearing on 28 March 2011 in Chambers before Justice Williams.
The matter concerned an application by BTIB for a search warrant in relation to the company and also John McElhinney (the defendants).
Mrs L. Rokoika of Browne, Harvey and Associates appeared for the two defendants while C Evans from Crown Law appeared for the BTIB (the informant).
BTIB sought a search warrant to seek information held at the Registered Office, Browne, Harvey and Associates.
However, the matter has been plagued by a number of procedural difficulties. Firstly, there was indecision on the part of BTIB as to whether the application for a warrant was to be dealt with as if it were a civil matter or as part of a criminal prosecution. BTIB accepted it was a criminal matter.
Secondly the service of documents by BTIB to the informant has been ineffectual and invalid because it had not been done in accordance with the Criminal Procedure Act 1981.
BTIB are seeking the accounts and financial records for the years 2006, 2007, 2009 and 2010 however the accountant lives in New Zealand and the Registered Office has had difficulty contacting the accountant.
In his Minute of the hearing issued on 28 March 2011, Justice Williams notes an undertaking by Counsel for the defendants to provide the accounts sought.
The matter is to be called in the session commencing 23 May 2011, the precise time and date to be fixed by the Registrar-to enable discussions between the parties as to the plea to be entered and if necessary, to make directions leading to a hearing.

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