Queen v Arlander - Bail Application [2011] CKHC 43 (25 May 2011)

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

QUEEN

V

SCOTT DAVID ARLANDER
RICKY CARLSON
ALAIN ESTALL
TUTAI-O-FANAURA MERE KING
INANO MATAPO
DINA TEKURA MANAUEA MATAPO
GIOVANNI MARSTERS
SAMUEL TANGAROA

Counsel: C Evans and T Manavaroa for Crown
N George for Accused Estall, I Matapo, DTM Matapo, Marsters and Tangaroa
L Rokoika for Accused Arlander and Carlson
C Petero for Accused King

Ruling: 25 May 2011

BAIL APPLICATIONS AND OTHER ORDERS
BEFORE HON HUGH WILLIAMS J

SCOTT ARLANDER

[1] For Mr Arlander, there will be an order by consent that he be admitted to bail on the conditions (a) and (b) in Ms Evans' submissions.
[2r> [2] Condition (c) is tamended by consenresenread, "Not to be abroad between the hours of 7 am and and 7 pm daily excer the purposesposes in conditions (a), (d) a), anept for the purpopurpose of attending CICC in Titikaveka eaka each Sunday between 9.30 am and 12.30 pm", aen the rest e typpt, ppt, a "presepresent hint himself" etc.

[3] Condition (d) is to read, "main atin atin at his place of work, Summerfield Systemitedluding attending call-outs between the hours of 9 of 9&#160 am and 6&pm every Monday-Thay-Thursday and 9 am and 11 am Friday".
<4] Cond Cond Condition (e) is asted with the substsubstitution of "11 am" for "12 noon" in line>.

ondit160;( to reao read, "Not to possess or consume any illegal drugs or drug paraphernalianalia or t or to commit any alcohol-related offence", wit rest of the printed condition being deleted. Conditions&#1ns (g), and (i) are opposed byed by Ms Evans.

RICKY CARLSON

[6] Mr Carlill be admitted to bail bail by consent on the terms in Ms Evansorandum with conditionition (a) amended to read "9.30 am" for "10;am". Condition&tion (c) to rea am" in 3 in 3 ine of "12 noon", an", and condition (e) amended ad "not to poss possess or consume any any illegal drugs or drug paraphernalia omit acoholted offd offence".

[7] Everyone who is o is granted bail today needs to be back iack in the Justice of the Peace Court on 30 June this year.
b>ALAIN ESTALL

[8] In relation to Mr Estall, the conditionproposroposed by the Crown are all accepted, and he can be admitted to bail by consent. The only amendment proposed is condition (e) to read as with the ot "Not to possess or consume any illegal drugs or drug parapparaphernalia or to commit any alcohol-related offence".

[9] Thera disagreement between the parties concerning the extent of the curfew condition (c) a(c) as to er it shouldhould be 12 hours or 24 hours.

[10] Mr Esta charged with three Coue Counts of selling cannabis, three of possession of cannabis fpply and possession of utensils. The only reason a 24 #160;hour condition mposed osed on the earlier applicants is because it was by consent, but a 24 hour curfew conditiems undu unduly onerous and the condition to be imposed will be from 7 pm to 7 am> >GIOu>GIOu>GIOVANNI MARSTERS

[11] In relation to Mr Marsters, he will betted toed to bail by consent on the terms in Ms Evans' memoranduending the the reporting time in condition (a) to 3 pm, annding condition&#e) i#e) in the same way as for the others by committing any alco alcohol-related offence.

[12] So far as the curfew is concerned, Mr&#arsteces a number of serious charges, perhaps the most most of a of any accused in this operation, and including one count of attempted perversion of the course of justice. In those circumstances it is not inappropriate that he be subjected to a 24 hour curfew,t from being abng absent for the purposes of his employment, and accordingly the proposed condition (c) is as printed excepread that "the purpose in condition (ove and except for the pure purposes of his emploemployment between the hours of 7 am and 6&#160

INANO MATAPO

[13] Ms Inatapo has been granted baed bail on the conditions proposed by Ms Evans amending condition (a) toide for reporting at g at the Police Station of Avarua, and deleting condition (endition (fl have have the usual amel amendment about not committing any alcohol-related offence added.

[14] Mr George makes oint Ms&#1tapoatapo is seeking work and suggests some relaxation of the 24 hour cour curfewurfew to enable her to do so. Whilst it isrstandable she is seeking work, it must be noted that she is charged with a number of serioserious offences, including accepting a brs a law enforcement officer and attempted perversion of thef the course of justice, two Counts of accepting a bribe, plus the drug dealing offence of conspiring with Mr Tangaroa to sell cannabd tond to import cannabis.

[15] Ms Evans makes the point, wher where a person is charged with a drug dealing offence, s.73 of the Narcotics and Misuse of Drugs Act requires any gof ba be by the High Cigh Court and accordingly any suggested delegation of the power to vary thry that condition to Justices of the Peace cannot be achieved. The only way around that would be to permit Ms Matapo to apply for varn ofon of her curfew condition to seek or take up work can be dealt with by way of a telephone conference with a High Court Judge in New Zealand or by way consemoraemorandum.

SAMUEL TANGARANGAROA

[16] As far as Mr Tangaroa is concerned, hewioo will be admitted to bail by consent on the conditions proposed with the usual amendment to condition (e) relating to alcohoated ated offending.
<17] He too is a job seeker and accordingly any application tion to vary bail to enable him to seek or take up employment is permittedhe same terms as for Ms Matapo.

TUTAI-O-FANAURA MERE KING

[18] Ms Kinl be admitted to bail byil by consent with condition (a) requirir to report to t to the Central Police Station at Avarua on the dates and at the times mentioned, and condition (e) am as rs allothers hers hers concerning the commission of alcohol-related offences.

[19] [19] Ms Ki charged with one Counsupunsupplying cannabis and one Count of selling cannabis jointly with another accused. Those chse charges are insufficient to justify a 20;hour curfew despite the breadth of the exceptions, and acnd accordingly condition (c) will be ed so that it r it reads "7 pm" 7 am" and to presepresent herself at the door etc.

CONFLICT OF INTEREST

[20] The Court raised with Mr George whethetrial issues oues of conflicts of interest might arise given his acting at the present stage for so many of the accused. Mr Geor alive to the problem ilem ill keep it in mind in the run-up to the trial in order to r to ensure the smooth running of the trial itself.

ADDITIONAL ORDERS

[21] After discussion with counsel the following additional orders were made:

1. Reporting conditions for all accused commence on Friday, 28th May 2011.
   
2. With the bail granted to DTM Matapo, Nicholls and Wichman, the conditions debarring them from possessing or consuming alcohol will be amended as with all the other bails granted this morning to debarring them from committing any alcohol-related offence, and Mr George will arrange for all those to attend the Court to sign an amended bail bond as soon as can be arranged.
   

100. The order permitting publication of names applies also to those who were admitted to bail last week.
     

4. As far as Mr Franklin is concerned, the same amendment to the alcohol condition will be made as with all other accused, but given he has left the Cook Islands, the requirement for him to sign an amended bail bond shall be postponed until his return.
   
5. All accused are to appear on 30 June, including Mr Robati, but excluding Ms;Up60;Upu, and as far as Mr Franis concerned, if he is e is not back in the Cook Islands by that date, he is to arrange an appearance by counsel, either Mr Geor Mr Hart. In relation to the additional charge against Mr Robati ing tn 13 May, the day after his last appearance in thin the Justices Court, he essentially brea breached bail, and it was noted there was no return date in the information.
   

Hugh Williams J

Editorial Note: Derived from the Court’s electronic records and believed to be correct and final.