After more than two years, the excess breath alcohol case against Steven Kavana concluded with Justice of the Peace John Whitta finding him guilty and imposing a 12-month mandatory disqualification from driving.

Kavana, a 63-year-old local businessman, was sentenced at the Criminal Court in Avarua yesterday. He was represented by defence lawyer Tai Nicholas.

JP Whitta said that on June 16, 2022, Kavana was stopped at a police checkpoint in Tupapa and based on their observations, the police officers suspected that he was drinking.

An evidential breath test was conducted that returned a reading of 680 micrograms of alcohol per litre of breath. The legal limit is 250mcg.

Kavana admitted that he was drinking.

JP Whitta said that the case was initially heard in a JP Court on July 21, 2022 and a guilty plea was entered on December 1 of the same year.

However, at that time the defence lawyer sought an adjournment to sentencing because they wanted to prepare submissions in relation to the mandatory disqualification that is a part of an excess breath alcohol conviction.

Kavana was seeking an immediate partial licence and prosecution concurred with the application. The matter was then adjourned.

However, a judgement issued by Chief Justice Patrick Keane on June 14, 2023, stated that the Act did not provide for the immediate granting of a partial licence on conviction.

Kavana then sought leave to go to the Court of Appeal but stopped early this year.

JP Whitta said according to the probation report, the defendant didn’t believe he had done anything wrong on the day of his offence and was frustrated that the matter had taken time to resolve.

The JP said Kavana’s alcohol reading was high – it was two and a half times the legal limit – and it was not for the defendant to decide if he was fit to drive.

“The law requires, for the safety of others, that you adhere to a level of alcohol consumption that benefits all road users, not just yourself.”

For the concern about the delay in the matter, JP Whitta said the major delay was appeals, and that was his right.

In sentencing, he said this was Kavana’s first offence and he had pleaded guilty.

He was ordered to pay a fine of $300 and disqualified from holding or applying for a Cook Island driver’s licence for 12 months.