A Judge has refused to jail a man on cannabis charges despite calls from Crown Law for a custodial sentence.

Gray Ronald Pitomaki Turia appeared for sentencing via audio video link from Aitutaki on Friday in the High Court at Avarua, also in spite of Crown Law recommendations that he appear for sentencing on Rarotonga, in light of their request for a custodial sentence.

Turia was the last of those who faced a raft of charges following the bust of a commercial sized cannabis operation on Aitutaki, to be sentenced.   

Turia, faced charges related to Operation Tuvake in which multiple properties were raided on Aitutaki in early 2022.

Police officers flew from Rarotonga to the island in the early hours of January 13, 2022 to execute search warrants on nine properties.

Seven men were consequently jailed in relation to Operation Tuvake, launched in 2020 due to concerns of Cook Islands Police regarding cannabis drug dealing activities by members of the Cook Islands community in Aitutaki. 

Turia was charged with supplying or offering to supply class C controlled drugs (cannabis) between February 5, 2021, and December 15, 2021, in Aitutaki. 

He was found guilty following a three-day Judge alone trial in December 2023.     

On Friday, Senior Crown Law prosecutor Jamie Crawford said it was a low amount of cannabis, lower than the other offenders caught up in the bust, but given the others had been given custodial sentences, imprisonment was the option, the only option despite low level offending.   

A short term of imprisonment was recommended.   

His lawyer Michelle Tangimama said there appeared to be no case example similar to the charges faced by her client.

Probation had recommended a sentence of 18-months of supervision with six months of that to be served as community service.

Tangimama said she believed Probation’s recommendation was consistent to the charge her client appeared on.

There were multiple character references and it was his first time in court.

“I do not believe jail is warranted in this instance.”

Justice Christine Grice, in delivering sentencing, said Turia was a minor participant in the operation.

He was largely an intermediary, the least culpable.

“He is a user and was driven to help his friends; he was assisting the main offenders.”

The Crown had sought a starting point of six months in jail.

There were several occasions of offering to supply, with little sophistication, he didn’t make a profit.

Justice Grice said he put his associates in touch with the dealers, sharing his cannabis with others.

“He was not involved in the wider operation.”

The defendant had six children, aged five to 17.

There was a lack of commerciality, sophistication, and then there was naivety.

While the Crown said there was a need for consistency, Justice Grice concluded imprisonment was not appropriate by a “close margin”.

Bearing in mind, the maximum term of imprisonment was two years, in the Judge’s view, lack of commerciality and the defendant’s naivety were important factors.

“Mr Turia has no previous convictions, he is a good father and provider; he was a good student at school, he would have gone further if his family had more money.

“I consider discount for good character is appropriate; his family obligations are important.”

The Judge noted New Zealand had recognised the effects on children when parents were imprisoned and that sentencing was not mathematical.

He was sentenced to two years of probation with the first six months to be served as community service.

Turia was told not to purchase drugs, attend workshops as directed and not to leave the Cook Islands without the approval of the High Court.