A court matter that had been ongoing since 2021 involving a man kicking his pregnant niece in the stomach came to an end yesterday after the defendant was sentenced to 22 months of probation.

Alain Estall, 45, appeared before Justices of Peace Tangi Taoro, Nga Mataio and Paul Turepu at the Criminal Court in Avarua yesterday.

The victims, Estall’s sister and niece, were assaulted on the evening of October 14, 2021. In November last year, he was found guilty of four counts of assault on a female and two counts of assault with intent to injure, following a trial.

JP Taoro said the defendant and the victims resided together and on the evening of October 14, 2021, a dispute arose between the defendant and the victim (niece). The court heard there was a struggle between the victim and the defendant over the door to one of the bedrooms. 

The defendant grabbed her by the throat, pushed her to the ground and kicked her on the head and stomach. She yelled that she was pregnant.

The court heard the defendant’s sister tried to intervene but was pushed away by the defendant.

The victim’s impact statement from the defendant’s sister said her injuries were physical, but the emotional scars remain.

The niece was hospitalised risking a miscarriage and relocated to Aitutaki for care as depression had affected her.

JP Taoro noted that the victims now occupy the defendant’s original residence. To avoid further conflict, the defendant has been avoiding contact with his sister and niece.

The court noted a previous cannabis possession charge for which he received 18 months’ probation on March 7, 2012.  However, the JP indicated this incident, which occurred over 12 years ago and resulted in a completed sentence, would not be considered in the current case.

JP Taoro said the defendant is a groundsman for various organisations and does volunteer work for the elderly.

Crown Law counsel Lucinda Rishworth told the court that the victim impact statement from two victims in this case should be considered.

Rishworth also said that given the lack of the defendant’s criminal history, a probation report on non-custodial sentence was recommended.

Defence lawyer Brian Mason said the defendant went to counselling after the incident and recommended a non-custodial sentence.

Estall was further ordered to pay $300 court cost for all the charges and ordered to not leave Cook Islands without the court’s approval.