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Chief Justice reserves judgement in high profile case

Wednesday 23 March 2022 | Written by Al Williams | Published in Court, National

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An application for costs hearing involving Prime Minister Mark Brown, former prime minister Henry Puna, Teokotai Noo George and Paul Allsworth has been heard at the High Court in Avarua.

Chief Justice Sir Hugh Williams heard the matter over two days with several lawyers acting for all parties.

On Tuesday he reserved his judgement on the matters.

A decision will be likely to deliver a decision in writing. 

The case goes back a couple of years when lawyer Norman George was approached by a group of people who claimed then prime minister Henry Puna and his then deputy Mark Brown had conspired and misused public funds in chartering a jet to pick up MPs Robert Tapaitau and Tingika Elikana after the 2018 election.

PM Brown and former prime minister Puna are seeking costs from Teokotai Noo George and Paul Allsworth in relation to the failed private prosecution accusing them of corruption.

The case was originally lodged with the Cook Islands High Court as a private prosecution by Teokotai Noo George who withdrew his petition at the last minute but was then lodged again by Paul Allsworth and Norman George, on behalf of the group known as Citizens Against Corruption.

When it was dismissed by Chief Justice Williams in March 2021 as having no case to answer – Allsworth and George sought leave to have the case heard again by the Court of Appeal – which was declined.

In an interview with Cook Islands News, after the Prime Minister and Puna were acquitted of the charges in March last year, Brown said: “The truth has prevailed and justice has been served – that we can be grateful for.”

Allsworth said: “This trial was always going to be a difficult one and a massive undertaking for a number of reasons. This is the first private prosecution in the Cook Islands ever, that in itself, I believe, is an important milestone and sets a precedent for others who feel aggrieved.”