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Young man gets probation for assaulting international league player, another man

Wednesday 8 May 2024 | Written by Losirene Lacanivalu | Published in Court, National

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Young man gets probation for assaulting international league player, another man
Justice of the Peace Tangi Taoro. 24050720

A young man has been sentenced to 12 months’ probation supervision for two separate assault charges where one of the victims was an international league player.

Tamatoa Tetupuorongo Ariki Albert Henry Nicholas who appeared before Justice of the Peace Tangi Taoro at the Criminal Court in Avarua on Tuesday was ordered to serve a concurrent 12 months’ probation supervision with the first two months on community service.

The court heard that on December 23 last year, at around 9.45pm, Nicholas was drinking at the Hula Bar with friends and families.

The rugby league player, who was the victim in this case, grabbed a bottle of beer belonging to Nicholas and his friends from their table. Nicholas grabbed the bottle back from the victim and told him to go back to his room, as he did not want any trouble.

JP Taoro said the victim then repeatedly tried to take back the bottle, angering and frustrating Nicholas. Without warning, Nicholas punched the victim in the mouth, causing him to fall immediately to the ground. The victim was later taken home, where he experienced soreness and subsequently went to the hospital.

She said Nicholas admitted to police that he punched the victim without warning, due to frustration caused by the victim not listening to him.

According to the victim statement report, the league player suffered a split lip and injury to his upper middle front teeth, which required a replacement of a tooth through dental surgery costing around AUD$1000 (NZ$1097).

JP Taoro said the victim stated that he couldn’t believe this happened in a place he called home and a place close to his heart. He added that the assault left him emotionally damaged.

The court also heard separate assault charges against Nicholas. On Sunday, January 28 of this year, he allegedly assaulted another man at the Super Brown Store in Nikao, in retaliation for the man's supposed assault on Nicholas’ younger brother.

JP Taoro said Nicholas asked the victim twice if he had assaulted his brother. Then, without warning, Nicholas attacked the victim, punching him in the chest. The court heard that Nicholas continued punching and kicking the victim, leaving him with lumps on his head and cuts and bruises on his knees.

JP Taoro said the victim missed two days of work, resulting in lost income.

According to the probation report, Nicholas was a recipient of a rugby scholarship in Christchurch for three years.

JP Taoro said that after going through counselling, Nicholas realised the consequences of his action, and how he should have dealt with the problem in a more appropriate manner.

He admitted he was wrong and was remorseful.

Defence lawyer Mark Short said Nicholas had apologised to both victims and their families and was genuinely remorseful.

Short said this was the defendant’s first offence.

He said Nicholas had a promising future ahead.

Senior police prosecutor, senior sergeant Fairoa Tararo recommended a probation term with conditions not to consume or purchase alcohol nor enter any liquor licence premises.

Nicholas was further sentenced, with the recommendations from the prosecution, not to leave the Cook Islands without the approval of the High Court, attend counselling and workshops arranged by Probation Services, pay compensation to the second victim who lost wages, medical costs of $40 and $150 court costs.