A Justice of the Peace has threatened he will dismiss charges against a man, of common assault and assaulting a female, if the matter is adjourned again.

Daniel Ahau appeared before Justice of the Peace John Whitta in the Criminal Court at Avarua on Wednesday for a defended hearing on a charge of common assault and assault on a female.

The Police prosecutor submitted he had only been made aware of the matter on Tuesday, and the prosecutor in charge of the case was away on leave.

The Police prosecutor said he was not ready to proceed with the matter.

Defence lawyer Mark Short said there were two options, adjourn the matter, or discharge it, considering the incident took place in December 2022.

Short said it had been stressful time for the defendant.

JP Whitta said he had looked at the file which dated back to 2022, and it was “not really anyone’s fault”.

“It’s been the natural thing, he (the defendant) had to go overseas, there were adjournments on both sides.”

JP Whitta said he would not say the prosecution had failed to come to the party, but if it happened again, the matter would be dismissed.

Short also asked that his client, the manager of an electronics outlet, be allowed changes to his bail conditions, in that he be allowed to consume alcohol.

Police did not object.

“Just for the record, given the number of delays, the slate is now clean, we will proceed on December 20,” JP Whitta said.

“I’ve got the background, I know about it.

“There have been several delays, I am prepared to allow this adjournment but if it happens again, it will be dismissed.”
The matter was adjourned to December 20 and bail conditions varied, to allow Ahau to consume alcohol.