A man’s alibi in a case of burglary has been thrown into disarray due to late evidence presented at a defended hearing.

Asera Jonathan Tuhata Tuhe Bailey appeared in court on Wednesday for a defended hearing on a charge of burglary.

Police threw a bombshell at his defence late in proceedings which infuriated his lawyer Norman George.

The panel of Justices of the Peace, Tangi Taoro, Vania Kenning and Nga Mataio then adjourned the matter to December 12.

The bombshell came when Police said his alibi was not in the Cook Islands at the time of the alleged offence based on information they had received from Cook Islands Customs and Immigration on Wednesday.

George immediately protested, objecting, saying it was a last-minute intervention.

JP Taoro asked Police when they had received the information.

Police said they had only just received it, and had made the enquiry after the witness statement from the man’s alibi had been presented to the court on October 10.

Police said it was important to know the witness was on Rarotonga at the time of the alleged offence, there should be proof the witness was where they said they were.

“I have been hijacked by this evidence,” George said.

George said he would have gone back to the witness if he had been advised of the matter.

“It places the defence under prejudice.”

Police said the information was provided to them on Wednesday.

JP Taoro said a copy should be provided to the defence before George suggested the matter be adjourned.

The drama followed half a day of witness testimonies.

The matter centred around an alleged burglary of a Rarotonga home about 6am on December 30, 2022.

Bailey was accused of approaching a house and entering through a bathroom window.

Upon entering the house, he disturbed some cleaning products which alerted one of the occupants.

He hid in a bedroom, as one of the occupants, a woman, was preparing to have a shower.

She walked into the bedroom and found him hiding behind a door. The defendant fled the property and the woman’s partner gave chase, and said he saw the defendant flee on the back of a motorcycle.

He did not get the registration of the bike,

George said it was a case of mistaken identity.

The complainant in giving evidence on Wednesday, said she was 100 per cent convinced Bailey was the offender after Police showed her a montage of photographs.

George said the complainant was strongly mistaken and his client’s former partner had provided a statement saying they were together on the morning the offence was alleged to have taken place.

In her statement, the witness said she had arrived in Rarotonga at midnight on the 29/30 December 2022.

She went straight to Bailey’s house about 1am and they talked for a couple of hours before going to bed.

They awoke about 7am, she went to the dentist, and dropped him off to work at The Islander Hotel just before 8am.

The complainant told the court she was only metres from the defendant and clearly remembered his face, she saw him long enough to remember him.

George said there was no forensic evidence, it was a matter of what the complainant said, and what the defendant and alibi witness said.

The complainant told the court she had never seen the defendant before.

Police met her on January 17, 2023 and showed her a montage of photographs of people they thought might be suspects.

They asked her to look at the photos and she identified the suspect.

When cross examined by George, she said she was 100 per cent sure she wasn’t mistaken.      

George said the witness had testified the defendant was with her at the time of the alleged offence.

“Are you suggesting she is not being truthful?”

The complainant said she just knew what she knew based on the photograph.

“My two-year-old and my partner live there, a house is a place you should feel safe; I have to live with my partner and my two-year-old son.”