Legal aid - or the apparent lack of it in the Cook Islands - has been raised as a bone of contention in the High Court.

Concerns were raised during two separate matters heard at court in Avarua on Friday morning.

Lawyer Norman George made a point of agitation after Rurutoa Maoate, who is representing himself on charges of assaulting a female and assault with intent to injure, appeared before Chief Justice Patrick Keane.

Maoate told the court there were no lawyers on Rarotonga who will represent him, he has no money and that he had been told by the Ministry of Justice there was no money in the budget for legal aid.

Chief Justice Keane said he accepted it was hard for Maoate if he could not instruct a lawyer.

Maoate said he had sleepless nights and difficult days knowing what he was going through, “it is not a happy life”.

Crown lawyer Jamie Crawford said Maoate was entitled to a lawyer and should be entitled to legal aid, before offering to assist him.

George than stood up and addressed CJ Keane.

He suggested the Ministry of Justice employ a public defender, and could not see how one or two lawyers could not be employed as public defenders.

“This legal aid is nonsense.

“It used to work OK then they included fees, it just doesn’t function.”

George said he hadn’t claimed for legal fees in 10 years as a matter of protest.

He suggested CJ Keane discuss the matter with the Secretary of Justice.

Cook Islands News has contacted Secretary for the Ministry of Justice, Tamatoa Jonassen.

CJ Keane then apologised to Maoate and told him Crawford was willing to help him before adjourning the matter to September 1.

The issue of legal aid was raised again when Daniel Akama, in custody, appeared on two rape charges, three of indecent assault, three of burglary and one of inducing an indecent act.

CJ Keane said he could not find his last minute and was looking for what he said to Akama at his last appearance.

Crawford said the defendant had asked for legal aid and to engage a lawyer for certain pleas.

She hoped the defendant had been provided with her memorandum and summary of facts.

CJ Keane asked Akama if he had seen a lawyer.

Akama said he not had a chance.

“You have to do it, this is not going away, these are serious charges,” CJ Keane told him.

“Normally we would have your charges heard early rather than later, have you heard anything?”

Akama said he had signed an application form, requesting legal aid.

The court registrar said they hadn’t received an application form from Akama. 

“Can someone sit down with him?” CJ Keane asked.

The court registrar said she would assist, as there were prison staff who could help.

“Can someone at the prison help him?” CJ Keane asked.

The registrar said she knew of someone who could assist.

CJ Keane said he would adjourn the matter to September 1 and asked Akama to seek representation.

Akama then said he had already asked for disclosure and had not received it. He had also asked for a copy of his finger print, photographs and a search warrant, all of which he had not yet received.

Crawford said she was aware of his request for disclosure and police had said they had provided copies of finger prints taken from files.

She said Akama had asked for original copies of the finger prints and that she had been advised Akama had been provided with all photographs.     

Crawford said she could assist Akama in terms of the search warrant.

“We can get to the bottom of this, it needs priority; with prison officers’ assistance I can talk to him.”

CJ Keane said disclosure would be reviewed and assistance given with the legal aid application

“It is a problem; you must remain in custody.”

Akama then asked if he could take pleas on other matters as he had entered guilty pleas at a previous appearance but vacated them.

CJ Keane stood the matter down while the registrar went to get the files.

When the matter was recalled Akama entered guilty pleas to failing to stop on demand, dangerous driving causing injury, contempt of court x4, failing to stop and offer assistance x 2, excess breath alcohol and unlawfully taking a car.

He entered a not guilty plea to a charge of dangerous driving causing injury.

The matter was adjourned to September 1.