Police v Pirangi [2021] CKHC 44; CR 596-600 of 2021 (10 December 2021)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA via AUDIO LINK
(CRIMINAL DIVISION) CR’S 596-600/2021

POLICE

v

MOE PIRANGI

Date of Zoom hearing: 10 December 2021

Appearances: A Maxwell-Scott for the Police

N George for the Defendant

Decision: 10 December 2021

ORAL DECISION OF HUGH WILLIAMS, CJ

[12:11:32]

[1] The accused, Mr Pirangi, was granted bail in a decision delivered on 12 October 2021. It is unnecessary to recount all the detail which led to the grant of bail save to note that the terms of the bail were somewhat unusual in that they require the accused to effectively undergo a curfew during the day rather than the usual curfew at night. At that time Mr Pirangi was facing only one charge, that of rape in August 2021, but some eleven additional charges were forecast at that point. Notwithstanding that bail was granted.
[2] So far, as is known, there have been no breaches of bail.
[3] Yesterday however, five new informations (CR No’s 597-600/21) were laid – two of indecent assault on different girls under the age of 12 alleged to have occurred between March 2018 and 2020, and in the other case between January and August also in 2020. There are the three additional charges include entering a building with intent to commit a crime. Those offences are said to have occurred between January and August 2020 and in August 2021.
[4] Ms Maxwell-Scott for the police, in seeking a revocation of bail and a remand of Mr Pirangi in custody, points out that these are different complainants in the indecent assault charges and that the alleged offending is all of a piece with the other matters covered in the informations.
[5] It is material to the present question to note that Mr Pirangi has a fixture for his trial commencing, probably, on Thursday, 10 March 2022 and running through to the end of the following week and that he is also scheduled to appear at a Criminal callover in a week’s time on 17 December in order to make arrangements for Mr George’s forecast pre-trial application concerning the various charges Mr Pirangi faces.
[6] In considering whether Mr Pirangi’s present circumstances justify a revocation of bail, it is material to note that the alleged indecent assaults are not of the most serious kind, even though allegedly committed against young girls, and that two at least of the entering with intent are historical in nature as are the alleged indecent assaults. It is also material to note that in the approximately two months since bail was granted Mr Pirangi has complied with its fairly rigorous terms.
[7] In those circumstances the application for remand in custody is declined. The matter will be reviewed at the callover next Friday, 17 December 2021. At that point, if the Crown seeks a remand in custody they will need to provide some background material beyond the simple filing of the informations themselves in order to justify the revocation of bail.
[8] For the present however, the applications remanded in custody is refused and Mr Pirangi is again remanded on bail on the existing terms.

Hugh Williams, CJ