The jury trial of an Aitutaki man facing a supply of cannabis charge has been hampered by multiple delays on its first day, including a call by the Judge to adjourn on the grounds of a witness incriminating themselves.

Oceania Mataitai appeared in the High Court before Justice Christine Grice on Wednesday.

After empanelling a jury of nine women and three men, the matter was adjourned before it was found one juror had a previous conviction.

That juror was then disqualified.

As the court continued empanelling the jury to find another juror, several potential jurors were stood aside before another was found.

The jury of nine women and three men was then excused to confirm a foreperson, after being sworn in.

When they returned, the registrar read out the charge that the defendant was accused of supplying cannabis on Aitutaki between January 1, 2021 and February 8, 2022.

In her opening address, Crown prosecutor Jamie Crawford said there had been a lot of media coverage about cannabis recently and jurors might have their own views.

They were asked to put their feelings aside.

Crawford said the defendant had been suspected of supplying cannabis and a search of his residence on February 8, 2022 by Police uncovered cannabis.

The Crown would call two witnesses, one of who would give evidence in Maori.

Crawford said the defendant had already entered a guilty plea to possessing cannabis, but possession and supply were two different things.

Defence lawyer Norman George, in his opening address, urged the jury to question the charge of supply.

“What is supplied? What kind of weed was supplied? Was it hemp, bamboo or pawpaw?”

George asked if the material had been analysed properly.

He said the defendant had a group of friends who would visit him at home.

“These are not gangsters; they are ordinary people. Aitutaki people use cannabis, elderly people and children, to help them. There is no big-time drug taking of methamphetamine; this is a small situation.”

The defendant would say the others brought their own and left it at the defendant’s place for the next time they visited.

The first witness was then called by Crawford, and through an interpreter, said he lived in Aitutaki and had smoked cannabis. He smoked it with friends and named several people, they were all aged between 15 and 17.

He said he met Mataitai during a Christmas celebration in 2021.

Justice Grice then put a halt to proceedings and asked the jury to leave the room.

“The witness is incriminating himself; he shouldn’t be asked questions without independent advice,” Justice Grice said.

Crawford said she had explained the nature and asked the witness if they were comfortable giving evidence, telling them, they were not in any trouble.

Justice Grice then asked if he was aware that he was incriminating himself.

Crawford said the witness was one of a number of people who were not charged.

Justice Grice said the court needed something in writing from Police, and the witness would need independent advice.

George agreed, saying he was totally opposed to what was happening, saying the witness was incriminating himself.       

The matter was adjourned.

When it was recalled, Justice Grice said another juror had been found to have a criminal conviction and would be automatically discharged.

“We have 12 jurors and can afford to lose one.”

George said he was concerned with the amount of time the jurors were waiting.

Lawyer Brian Mason was then called and told the court a private prosecution could be taken against the witness but it was unlikely as he had given voluntary evidence.

Justice Grice asked if it had been made clear the witness could claim privilege and wouldn’t be prosecuted if he chose not to proceed, and that if he chose to proceed, it could be possibly used by people to make inquiries and investigations.

Mason said he had explained it to the witness, and the upside was that he had given the statement to the Crown. Mason said he had spoken to the Crown and asked them to narrow their line of questioning.

Crawford then asked that the name of the witness and his associates be suppressed.

Justice Grice granted suppression.

The jury was called back in and Justice Grice told the court a juror had been discharged and the jury would proceed with 11 jurors - nine women and two men.

The trial is set down for two days and scheduled to conclude today.