Police v Marsters - Judgment 1 [2012] CKHC 56; CR288-292.2011 (30 May 2012)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)
CR NO’S288-292/11, 245 & 251/11, 61-63/12

POLICE

V

GIOVANNI MARSTERS, INANO MATAPO, SAMUEL TANGAROA

Hearing date(s): 29 and 30 May 2012

Counsel:nsel: Mrs Saunders & Ms Evans for the Crown
Mr George for the Defendants (Marsters/Matapo/Tangaroa)

Date: ..... 2012

DGMENT 1 OF JUSTICE COLIN JLIN JOHN DOHERTY

[FTR 10:02:06]

[1] At the end of the Crown’s argument in respect of admissibility issues Counsel formally moved to withdraw a number of informations. This action had been foreshadowed during argument yesterday.

[2] Counsel for each of the defendants, Marsters, Tangaroa and Matapo, has no objection to the particular charges being withdrawn, he having already had notice of this application. There are no other issues from the point of view of the defendants.

[3] Pursuant to s 47 of the Criminal Procedure Act 1980, I formally record my leave to the Crown to withdraw the following informations in respect of each of the defendants.

[4] I begin with the defendant Marsters. Informations 244/11, 305/11, 309/11, 73/12 and 77/12 are withdrawn.

[5] In relation to the defendant Matapo, I give leave to withdraw Informations 321/11, 322/11 and 323/11.

[6] In relation to the defendant Tangaroa, I give leave to withdraw Informations 245/11, 288/11, 290/11, 292/11, 61/12 and 63/12.

[7] I have already dealt with a number of amendments to Informations in relation to the defendant Matapo. There are also applications pursuant to s 47 of the Criminal Procedure Act 1980 to amend certain of the informations extant relating to both the defendants Tangaroa and Marsters.

[8] Again taking Mr Marsters first, I give leave to amend Information 306/11 for the body of the information to read “cannabis” and not “cannabis seeds”.

[9] Information 307/11, I give leave to amend body of the information to read “cannabis” not “cannabis seeds”.

[10] In relation to Information 308/11, I give leave to amend the information to refer to a conspiracy to import cannabis between the dates 1 January 2010 and 30 September 2010, any reference to the defendant Matapo is also deleted.

[11] In relation to the defendant Tangaroa, I give leave to amend Information 270/12 to a conspiracy to sell cannabis and amend the dates to 1 January 2010 – 30 September 2010 and deleting any reference to the defendant Matapo, That information is amended to refer to an offence of a conspiracy to ‘import’ cannabis between those dates.

[12] I advise counsel that once the written version of this comes through there’s likely to be some amendments for consistency purposes but that’s the effect of it.

Colin Doherty
Justice

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