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Woman, 23, escapes conviction, ordered to pay hefty reparations

Wednesday 31 July 2024 | Written by Losirene Lacanivalu | Published in Court, National

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Woman, 23, escapes conviction, ordered to pay hefty reparations
Cook Islands High Court. LOSIRENE LACANIVALU/24050916

A 23-year-old woman has been discharged without conviction in a driving related matter by the Criminal Court in Avarua, but has been ordered to pay reparations of more than $2000 for causing the damage to a rental motorcycle.

Amy Schantel Kauvarevai, who appeared before Justice of Peace Tangi Taoro yesterday on a charge of careless driving, was also ordered to pay $300 for the victim’s and her own blood alcohol analysis reports, which showed a very low alcohol level.

The court heard that on March 23 this year at 7.25pm, there was a motor vehicle crash at an intersection in front of the Beachcomber Café between a car driven by the defendant Kauvarevai and a scooter driven by a 19-year-old.

JP Taoro said police investigation revealed that Kauvarevai was on her way to drop her uncle at the Takamoa Theological College before the gate of the college closed at 8pm.

When she arrived at the intersection in front of the Beachcomber, she gave way to an oncoming car but did not give way to the oncoming scooter which resulted in the scooter crashing into the back of her car. 

The court heard that the defendant stopped the car, got out to assess the situation, and found the driver’s scooter near the wall. As a result of the crash, the victim sustained minor abrasions on his right knee and was transported to the hospital by ambulance.

Senior police prosecutor senior sergeant Fairoa Tararo recommended six months suspended sentence and requested that reparations for both the victim and the defendant’s blood reports including medical report be paid by the defendant.

Senior sergeant Tararo said there was also reparation of $2785 for the damage of the scooter which the defendant has agreed to pay to the rental car company.

JP Taoro said the defendant, a full-time worker, had accepted the responsibility of paying the amount of $2785 for the damages to the motorcycle. She had entered into a payment agreement with Polynesian Rental and was advised to pay $100 a week until the amount was paid off.

The court received a copy of the agreement between the defendant and the rental company.

JP Taoro added that the defendant was remorseful, apologised and asked for leniency.

She agreed with the Probation Services recommendation of a discharge without conviction and also ordered her to pay $50 court cost and $20 for a medical report.