Police v Marsters - Judgment 2 [2012] CKHC 57; 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

ENT 2 OF JUSTICE COLIN JOHN JOHN DOHERTY

[FTR 1:37:38]

[1] In the course of argument on admissibility issues, Mr George on behalf of the accused Tangaroa made an application to seek leave of the Court to change a plea of guilty to not guilty. That was in relation to Information 291/11. Mr George had foreshadowed such an application yesterday and I required him to file a formal application supported by affidavit. He had done that. Yesterday the Crown intimated that depending upon the outcome of the application the matter would be revisited by the Crown.

[2] I have to say that on the face of it, the application would stand no chance of success on its merits. The only indication of a reason to change the plea is because the affidavit of Mr Tangaroa discloses that he would rather “take my chances before the jury”, there is the possibility of course of later disclosure, changing issues. Ordinarily this application would be dismissed, however Mrs Saunders for the Crown has quite properly indicated that should there be a grant of the application the Crown would be withdrawing this charge of this Information, and that is because, on even the Crown’s view at its highest, no jury could properly convict on the evidence that is available. The evidence is simply and starkly that the defendant Tangaroa gave a mobile phone number or exchanged mobile phone numbers with an undercover agent that couldn’t possibly found this charge. In those circumstances, the application is granted. The plea of Guilty is set aside but not substituted with one of Not Guilty because I acknowledge the Crown’s position, -

[3] I grant the Crown’s application to withdraw Information 291/11.”

Colin Doherty
Justice

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