Police v Matapo [2005] CKHC 15; CR368,369,375-382,385-394,401-404.05 (23 September 2005)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)

CR 368, 369, 375-382, 385-394, 401-404/05

POLICE

v

MATAPO KEN MATAPO
Defendant

Date of Sentence: 23 September 2005

Sgt Howard for Police
Mr George for Defendant

SENTENCE OF SMITH J

I wonder if you realize just how far reaching your actions have been in this instance. You have 22 charges of burglary; the majority of those are in respect of tourist accommodations throughout the island. The people who were affected by your actions are going home and they are going to say well I wouldn't go back to Rarotonga again, you are going to get robbed.

The old story do something nice and nobody mentions it, do something bad and the whole world knows about it and the whole world now is going to know that these tourist accommodation places in Rarotonga are not secure, you are going to lose your goods if you go and stay at those places, let's go somewhere else for a holiday.

It's perhaps stretching things a bit too far. We'd like to think that people would appreciate that what happened to them here may have happened to them if they stayed in New Zealand any way but they do talk and talk causes problems.

Irrespective of that you have as you have told me abused the trust which was put in you by the Court. You have escaped from lawful custody on two occasions to commit some of these offences so you're thumbing you nose at the authority. It seems that you have decided to embark a career of crime. Irrespective of the assistance which your uncle has tried to give you when you took you into his care. I see from the Probation Officer's report that you enjoyed time with your father when he was out here. He was keen to take you back to Australia but you let him down too didn't you. You seem to be so self centred that you give no thought to what your actions may cause to other people, no matter how close those other people are to you.

I've heard what Mr. George has said about what's going on in the prisons and I hope that the Police have heard that too and that they may perhaps be looking into those matters with a view to ensuring that if possible some stay be put on that but I have no option but to return you to prison, I've seen the report the Probation Officers have made, I know there are 22 charges for burglary plus 2 charges of escaping from custody. Some of those burglary charges can carry up to 10 year terms imprisonment. In this instance I am sentencing you to a term of 3 years imprisonment on each charge to be served concurrently.

N F Smith
JUDGE