A Justice of the Peace is to seek clarification on assault on female cases following appearances by two defendants in the Criminal Court in Avarua on Thursday.

The lawyer for a man charged with assaulting a female wants to keep his client out of jail by letting him complete counselling, but the JP says he will need to seek clarification.

Justice of the Peace John Whitta said he would need time to consult with a Chief Justice in regards to two matters, in terms of the influence of counselling on sentencing in such cases.

JP Whitta raised the issue when Alain Estall appeared on two charges of assaulting a female.

Defence lawyer Brian Mason said he had received disclosures but had not looked through them.

Mason said Estall was attending counselling and would consequently like to put the best case forward for him.

“The longer he has to take actions, the better it will be for him.”

He asked for the matter to be adjourned to next year.

A protection order is in place for the two victims, he said.

Police had no objections.

JP Whitta said it was good to put the matter off, in considering disclosures.

“However, we are not quite sure how this sits in terms of counselling as it is running into tricky ground.

“I will have to get some advice from the Chief Justice, this might take a bit longer; we need to go in the right direction.”

Mason said he had asked police for diversion and been told it was not an option.

“The important part of mitigation is that he admits wrong, he needs time to show the court he accepts he has done wrong.

“It may help him escape imprisonment, I accept you have to talk to the Chief Justice.”

JP Whitta said charges had been withdrawn in the past, and diversion had been thrown out with counselling before sentencing.

Mason said victims often wished to withdraw charges.

“This situation is more complicated.”

JP Whitta then adjourned the matter until February 3 with no bail conditions.

He said a temporary protection order is in place.

In the second matter, Nooroa Samuel appeared on one charge of assaulting a female.

The police prosecutor said there had been an application from the victim to withdraw the charge.

JP Whitta said, as in the previous case, there was still a problem in that diversion should not be taken into account when sentencing.

“I will get back to you.”

Defence lawyer Mona Ioane asked for the matter to be adjourned.

JP Whitta said that would give him a couple of weeks to get a reply from the Chief Justice.

Samuel then told the court there was no help available.

“I serve in the community and the church, I even pray, I pray every day.”

JP Whitta asked Samuel to pause and reminded him that it was not a trial.

“I know what you are going through.

“If it does go to sentencing probation will talk to you.

“At the moment we are trying to find out what happens.”

The matter was then adjourned until December 16.

“This matter is adjourned for the court to seek advice for charges to be withdrawn and how counselling should be considered when it comes to sentencing.”

Cook Islands News sought clarification on the matters and was told by JP Whitta that he would have more information by December 16.