Citizens Against Corruption are not giving up in their private prosecution against Prime Minister Mark Brown and his predecessor Henry Puna.

Group member Paul Allsworth and lawyer Norman George have filed an appeal to challenge the dismissed corruption charges brought against the two.

In March this year, PM Brown and Puna were acquitted of charges of fraud and improper payment of public money in relation to the 2018 charter flights to Penrhyn and Pukapuka by Chief Justice Sir Hugh Williams QC.

Allsworth applied for leave to appeal on July 6 to the Court of Appeal against the acquittals.

However in a decision released on September 1, Justice Williams found there was no jurisdiction for the High Court to grant leave to appeal to the Court of Appeal against judgements of the High Court, holding there was no case for the defendants to answer on informations brought against them.

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“The facts and the law do not disclose sufficient basis for extending time for the informant to seek leave to appeal to the Court of Appeal or to make an order in the informant’s favour granting that leave, and the applications to that effect are accordingly dismissed,” Justice Williams said in his judgment.

After their leave to appeal was dismissed, Allsworth told Cook Islands News that the Citizens Against Corruption (CAC) had no alternative but to invoke its remaining option and go directly to the Court of Appeal.   

“In doing so, we will be depending upon Article 60(2) of the Constitution which states that regardless of any limitations as may be prescribed by subclause (1) of that Article or by an Act, the Court of Appeal may in any case which it thinks fit and at any time, grant special leave to appeal to that Court,” Allsworth said earlier.

“Our main grounds of appeal are that there has been a miscarriage of justice, that the private prosecution had overwhelming evidence to prove the charges, but serious omissions and mistakes were made which led to the challengeable acquittals.”

Allsworth said Citizens Against Corruption “is satisfied that it is necessary in the interest of justice and the appeal involves a matter of general public importance”.

Lawyer George filed the application on Tuesday to the Court of Appeal.

PM Brown and former prime minister Puna were represented by prominent New Zealand lawyer Kieran Raftery QC alongside lawyers Tim Arnold for Brown and Ben Marshall for Puna.