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Amended charges expected in drug case

Wednesday 14 August 2024 | Written by Losirene Lacanivalu | Published in Court, National

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Amended  charges  expected  in drug case
Cook Islands High Court. LOSIRENE LACANIVALU/24050916

An amended charge list against Christopher Denny, Charles Tuakana Katu and Tui Mantangaro Tupa is expected to be presented to Justice Dame Judith Potter on Thursday.

Defence lawyer Norman George, who represents Katu and Tupa, is to also file a notice of opposition on behalf of his clients by 2pm today.

Justice Potter said George must also file brief written submissions in support of the notice of opposition to the Crown’s application to admit hearsay, and serve them to the Crown on Wednesday.

It was earlier reported that the matters of Katu, Tupa and Denny for drug-related charges have been adjourned to March 2025 for a defendant trial.

Chief Justice Patrick Keane had said that the Crown had filed an application for conspiracy between the defendants, but there has been no response to the application.

Defence lawyer George opposed the application. Similarly, defence lawyer Mark Short, who represented Denny, agreed with George.

Short said his client had also denied the charges of possession for cannabis leaves and utensils, and three counts of supplying Class C controlled drug and two counts to offer Class C controlled drug.

At the High Court this week, Justice Potter said it was agreed that the Crown would submit an amended charge list, which would correctly record pleas that have been entered, leaving those charges to which pleas had not yet been entered to be dealt with on Thursday at 11am. 

Justice Potter said defence lawyer George advised that his clients intended to plead not guilty to all charges.

She added that she was concerned that the defendant Christopher Denny and lawyer Mark Short were not available in court, and that the court was not aware of the defendant’s position in relation to the Crown’s application to admit hearsay.

Meanwhile, George also informed Justice Potter that he would not only oppose the application but would also make a no-case-to-answer application in relation to the two particular charges, one being offering cannabis for sale, as he believed the case was on shaky grounds.

The matter has been adjourned to Thursday, August 15, at 11am.