Good behavior bond imposed on Manihiki three

In the High Court on Friday morning, Justice Williams imposed sentence on the three men who had on Wednesday, been convicted on charges related to the endangering of the safety of persons at Manihiki airport on 30 May 2010.
Rhau Tamaunu, Mataio Johnson and Temu Okotai were facing a maximum penalty of five years in prison.
After hearing submissions from Solicitor General Tingika Elikana for the Crown and Norman George for defendants Tamaunu and Johnson and Wilkie Rasmussen for defendant Okotai, Justice Williams imposed a probationary sentence under s113 of the Criminal Procedures Act. He did not consider it appropriate to impose a monetary penalty because of the sincerity shown. Each of the convicted may be called within a maximum of 3 years. There are conditions imposed and they must not do anything to affect flights at Manihiki airport. Justice Williams warned members of the public not to take the sentence as a precedent as it only applies to this case.
In imposing sentence, Justice Williams considered Crown Law’s submission that there not be a custodial sentence. In a case involving strict liability, it was a concession much appreciated by Rasmussen. Elikana told the Court it should consider government’s intentions. Government was still to enter into negotiations with landowners and that His Honour consider imposing a probation sentence under s113 of the Criminal procedures Act. Elikana referred to the sentence imposed on Okotai’s brother in the Aitutaki Sunday flights case. Elikana submitted that a discharge without conviction was not appropriate. He said apart from Tamaunu, Johnson and Okotai had no previous convictions.
For Johnson and Tamaunu, Norman George said they had shown remorse and had apologized to Air Rarotonga. He said they agreed to cooperate with the Land Court in future. Both were passionate about land issues and concerned at the haste that surrounded the airport lease issue.
For Okotai, Wilkie Rasmussen said on reflection, his client, a prominent citizen, acknowledged his actions may have been rash due perhaps to misunderstandings and confusion. He said Okotai was disappointed with government.
The effect of the sentence is that all three men who are key figures in the ongoing negotiations with government over the lease issue, are free to continue those negotiations which are a massive task involving 100’s of claimants.
On a hot day, those in the public gallery may have wondered why Justice Williams wore his robes. Apparently advice from the former Chief Justice to the Times via Justice Hingston, is that the robes be worn for jury trials and when sentencing.
Justice Williams showed a keen interest in the Land Court and the issue of the lease. He said he did not know what application had been made to the Land Court to travel to Manihiki whereupon Norman George provided his Honour with some background information.

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