A 20-year-old man, who was involved in two high profile joint burglary cases in Avarua, has been warned by the High Court judge, Dame Judith Potter that any future offending ‘will deserve no leniency’.

Polycap Jay-Z Tarai is the third person convicted in relation to the 2023 burglaries of Fave Designs store and South Seas International.

The total value of stolen items was around $38,000, with unrecovered property and damage estimated at approximately $32,500.

At the High Court yesterday, Justice Potter sentenced Tarai to 24 months of probation supervision. The first 12 months is to be served on community service, and Tarai has been ordered not to leave Cook Islands without the Court’s approval and to pay a reparation of $10,863 to the owners of Fave Designs store and South Seas International.

The Court heard that on March 12, 2023, between 11pm and 12 midnight, Tarai travelled to St Joseph’s Road by motorbike with co offenders, his girlfriend, Eve Rahela Teeio Check and an associate, Edward Tonorio. 

They parked their motorbikes behind a fence next to a house and changed into long pants and long-sleeved shirts with t-shirts to cover their faces. They entered the Fave Designs store and Tarai was the lookout before joining his co-offenders in the store.

Crown Law’s Piakura Passfield stated that the trio used crowbars and screwdrivers to enter the store, stole various clothing items and had poured water on the electrical items before heading to Arorangi to share the items. The property damage was $6217.

On April 2, 2023, the defendant, again with Tonorio and Check, travelled by motorbike to the Empire Theatre. They parked behind the theatre, walked towards South Seas International, and changed into long-sleeved shirts, gloves, and t-shirts to cover their faces.

Tarai was the lookout while his accomplices entered the South Seas International store and stole items. 

Crown Law’s Passfield said the aggravating factors were that the offences were premeditated and there was planning, they covered their faces with t-shirts, had tools to break-in and had stationed a lookout.

She said there were no mitigating factors.

The Crown recommended a three-year starting point for imprisonment, noting that the defendant was a repeat offender, and requested reparations. Probation Services also recommended imprisonment.

However, Passfield said the Crown acknowledged that Tarai would become a father in a month and would need to work to pay reparations, which would be impossible from prison. Therefore, they would not oppose a non-custodial sentence.

Defence lawyer Lavi Rokoika suggested a rehabilitation approach instead and said imprisonment would not be appropriate because if he was sent to prison, it might breed a behaviour that is seen by repeat offenders.

Rokoika said that Tarai has been on curfew for the past 15 months and has not been in breach of his bail conditions. She also added that he was ready to pay $1000 reparation as his first payment but was advised to wait until he was sentenced.

Justice Potter said the extent of the loss and the damage was approximately $32,500 which is a very significant amount.

The High Court also heard that the break-ins impacted the owners and staff of the businesses.

Fave Designs owner said that the break in caused a large financial burden which required her to use all of her own savings to cover the loss, she experienced a lot of emotional distress and her family felt victimised and violated. She also experienced sleepless nights and her staff’s productivity suffered in the aftermath of the break-in. 

South Seas International manager said that he became more suspicious of his customers and he remained stressed and worried that another break-in would occur.

“I would simply ask the defendant to put himself in the face of those people and how he would feel if victimised and violated in this manner,” Justice Potter said.

She said Tarai had a previous conviction for aggravated robbery in February 2021, where the Court recognised his youth and remorse and imposed a lenient sentence of 18 months’ probation, but there was a breach in February 2022.

Justice Potter said the mitigating factors were that he admitted his part of the offending, he was remorseful, he was 20 years of age and was expecting his first child in a month.

She said his employment was essential to provide for the needs of his family, and to pay the reparations for which he was liable.

His two co-offenders were sentenced last year. Check was sentenced to two years of probation with six months of community service, ordered to attend workshops as directed and not to leave the Cook Islands without permission.

She was ordered to pay $10,862 reparation.

Tonorio was ordered to pay $13,000 in reparation and given 16 months of probation for the joint burglary charge and separate burglary charge related to Charlie’s Beach Bar in Titikaveka.