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Court filled with minor fines

Tuesday 3 May 2022 | Written by Caleb Fotheringham | Published in Court, National

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Court filled with minor fines
Ministry of Justice. PHOTO: GRAY CLAPHAM/20050411

Cooks Islands Criminal Court was filled again on Thursday with people who had failed to pay minor fines within seven days.

Ten people were called to the Criminal Court to pay fines on Thursday, and these were the only matters attended to.

Courts filled with people who have unpaid fines has been an ongoing issue. Earlier this year 28 people were called into the Criminal Court in one day for unpaid fines relating to traffic infringements.

Cook Islands News asked Prime Minister Mark Brown if something needed to be changed to avoid unpaid fines taking up the Court’s time.

Brown said: “The solution is pretty straightforward. People should pay the fines imposed on them by the Court.

“The simple message is just pay the fine, otherwise you’re going to have a record.

“I thought it was a laborious process, but when you talk to the people involved, that’s what they have to do.

“I spoke to the Police Commissioner. They’re just doing their job and if people don’t pay the fine they have to go through the process - and really, we can’t make a law for some people and not apply it for others.

“I got caught driving through town, driving 40kms an hour in a 30km zone on a Sunday morning while going to buy donuts, I got a $100 fine - I had to pay that.

“Pay the fine, that way your names not in court, you don’t get a record. Easy.” 

Police spokesperson Trevor Pitt in January said the courts would not be clogged with people failing to pay fines if drivers “simply did what they’re supposed to”, by keeping up their legal obligations.

In March, Brown told Cook Islands News: “I guess we will have to have a conversation with the courts and police to find out why this sudden push to convict people for $20 in outstanding fines.”

“I’m sure the courts have their hands full with things other than having to chase up 20 bucks from people - that’s ridiculous.

“I find it bizarre; the courts have a huge backlog in front of them on other matters.”

Cook Islands lawyer Mark Short earlier called out authorities for their handling of minor traffic infringements.

“Although I don’t condone people that break the law, my clients feel that having a conviction entered against their name for what is considered a minor offence is unacceptable,” Short told the paper.

“Once they have a conviction entered against their name, they will have to carry this conviction for the rest of their lives and it seems extremely unfair especially when the conviction relates to an offence such as failing to pay a fine of $20. 

“They are given seven days to pay their fines and this doesn’t take into account that they have been on subsidies, and have been struggling to pay these fines in addition to their food, power and fuel expenses,” Short said. 

When summoned to court, they often borrowed money or asked their employers for an advance in pay, then rushed to the police station to pay their fines, he added.