Business Trade & Investment Board v Taakoka Island Villas [2011] CKHC 79; CRN632.2010 (5 September 2011)

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

CRN: 632/10; 696/10; 699/10;
700/10; 190/11; 189/11;
262/11; 263/11; 264/11;
265/11; 467/11; 468/11;
469/11; 359/11; 360/11;
361/11; 362/11

BUSINESS TRADE & INVESTMENT BOARD
Informant

v

TAAKOKA ISLAND VILLAS
First Defendant

JOHN FRANCIS McELHINNEY
Second Defendant

Hearing: 5 September 2011

Counsel: C Evans for the Informant

L Rokoika for the First Defendants

Date: 5 September 2011

RULING OF THE COURT

[FTR 11:00:]

[1] This morning, prior to the commencement of this hearing, I read submissions filed by Ms Rokoika which presented a case based on s 99, Criminal Procedure Act. Those submissions concluded with a request to the court to exercise its jurisdiction under s 111 of the same Act.

[2] When court convened this morning, I explained a provisional view to counsel which was that the s 99 power is one vested in a Justice of the Peace and I did not believe that I had jurisdiction. It seemed to me that following a committal a Judge of the court would then have jurisdiction in terms of s 111. However prior to such a committal there was no jurisdiction and I could not hear the matter.

[3] Having raised this with counsel I suggested one course of action was that Ms Rokoika withdraw the notice given in terms of s 99(f)(i) and consent to a committal in terms of s 99(f)(ii). Following such a consent I would then formally commit the two defendants for trial reserving Ms Rokoika's right to bring an argument in terms of s 111(a).

[4] Ms Evans for the Crown had some reservations about this course and indicated she wished to take instructions. I allowed her to do so and provided a lengthy adjournment for that occur. She has now returned to the court and advised that the informant offers no opposition to the course of action I had suggested preferring to concentrate its energies on the substance of the matters raised by Ms Rokoika rather than on procedural technicalities. I am grateful for that indication.

[5] Accordingly, I now direct that the notification given under s 99(f)(i) be withdrawn and be so treated. I acknowledge the consent of the defendants to being committed for trail and now formally commit them for trial subject to reserving leave to argue their case under s 111 of the Act. Following this ruling the parties will now proceed to address s 111 with Ms Rokoika making her case followed by that by Ms Evans in reply.

_______________________
Tom Weston
Chief Justice

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