Legal hiccup delays drugs trial

11 defendants remanded in custody, two let out on bail

At the resumption of the drugs trial on Thursday morning involving 13 defendants, the colourful local Attorney at Law, Norman George who is representing 9 of the defendants, threw a spanner in the works.
A full court was kept waiting for nearly an hour while in chambers, the presiding Justice of the Peace and the lawyers huddled around a telephone to seek the advice of the NZ based High Court Justice on a legal issue concerning the granting of bail.
Apparently the granting of bail cannot be done by a JP alone. It must be done by a High Court Justice.
Norman appeared in court at 12.20pm and before an attentive public gallery, made the announcement that under s73 of the Narcotics Act only a Judge can set bail where selling and dealing are concerned but not if 5grams or less are involved.
Norman announced that defendants will be remanded to appear on 25 May at 9.20am or sooner if ordered. Lawyers will file bail applications which will be forwarded to the Crown on Monday. There will be a telephone conference with the duty Judge in NZ on Tuesday morning. The NZ Judge will decide on the bail applications. Then all defendants will be called back.
Norman said no bail would be granted at this time, there will be no discussions, the same conditions will apply to each defendant, interim name suppression will continue and defendants will be remanded in custody until 25 May.
The court resumed under Bernice Manarangi JP with a visiting JP from Mauke, Mr Ake Mataira, sitting in on the bench. The scene was set with the appearance of the first defendant. No bail was granted, remanded in custody until 25 May, interim name suppression.
The Crown opposed the granting of name suppression saying naming the defendants was in the public interest, others were under suspicion wrongly and there was a presumption of open justice. Norman opposed the lifting of name suppression on the grounds that no pleas had been entered and the investigation was incomplete.
The JP allowed suppression to continue for 12 defendants and ordered that film footage taken by CITV of the defendants moving from the prison van to the holding cell downstairs not be aired.
Of the 13 defendants, 2 were released on bail as they faced charges of possession not selling and dealing. Bail conditions were set were both, requiring their passports to be surrendered, to report to Police, not to use cannabis, not to associate with certain persons and to observe a curfew.
One of the 2 entered a plea of guilty and will appear on 3 June for sentencing. While she had initially been granted name suppression, the Times understands name suppression is lifted once a guilty plea is entered. The other defendant’s name suppression continues meantime.
The hearing ended at 2.30pm.

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