Araitia Araitia was convicted of being unlawfully found after being intoxicated and walking into someone’s property.

Araitia appeared before Justice of the Peace, Tangi Taoro in the Criminal Court at Avarua on Thursday.

The court heard that on October 25 in the early morning after drinking, Araitia was found walking around a garden at Tupapa that was not his property.

Araitia does not have a previous criminal record, apart from a drink driving charge, the court heard. 

Araitia’s lawyer, Mark Short said his client was a very helpful and quiet man.

“He had no intention of wanting to steal or take any of the assets or personal belongings of the complainant,” Short said.

Defence counsel asked the JP for Araitia to be discharged without conviction. Short said he would not ask for it if he had a previous conviction.

“I would hate to see this young man have to carry this criminal conviction for the rest of his life ... I would like the court to show leniency on this,” Short said.

“I just think it was at the very low end; if he was found not intoxicated and was trying to take a weed eater from the shed, then I would understand.”

Short said he did not object to his client getting a fine but just did not want him convicted.

In a letter of apology to the victim, Araitia said, “Sorry for walking around your house … Please forgive me, I didn't take or steal anything.”

Also in the letter, the defendant asked if he could do free gardening work under the supervision of the owners as a way to apologise.

Araitia said in the letter he realised he sometimes did “silly or stupid things”.  JP Tangi Taoro said the defendant was really remorseful but the matter was serious, so Araitia was convicted.