February 6, 2023

A man who breached his probation conditions for the fourth time has been warned that he could face prison should he continue to breach the rules.

Simiona Maihia Junior appeared before the Criminal Court in Avarua on Thursday last week, facing two charges of breaching a probationary licence.

According to the summary of facts, read out in Court, Maihia Junior, 40, had been sentenced to 12 months’ probation, with the first three months to be served on community service, after being convicted of assault on a female.

His probation term will expire on June 6.

Among his conditions for probation included that he was not to purchase or consume alcohol, and not to enter licenced premises.

On February 17, Maihia Junior entered a bar in Tutakimoa and was spotted by a probation officer purchasing alcohol.

The summary of facts noted these were Maihia Junior’s third and fourth such charges, after he was convicted for two similar charges in Court on August 27, 2022.

However, as Maihia Junior had a stable job, probation officer Lisiane Messine was prepared to give him the “benefit of the doubt”.

He suggested Maihia Junior be convicted and fined.

Justice of the Peace John Whitta fined Maihia Junior $40 for each of the two new offences along with $100 in Court costs.

“This is as much I can fine you,” JP Whitta said.

“However, if you continue to breach the rules, I will have no option but to send you to prison.”

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Rodney John Akavi Ngatikao who faces two possession of cannabis for the purpose of dealing charges, and a charge of selling cannabis for the purpose of dealing was not present in court on February 24. Defence lawyer Norman George said Ngatikao is waiting on a transplant matter in New Zealand.

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Rhys Bromley Munro, who also faces two possession of cannabis for the purpose of dealing charges, and a charge of selling cannabis for the purpose of dealing might be ready to go to trial in July, lawyer Norman George said. George said he was happy to separate the two matters. Crown Prosecutor Jamie Crawford said she was happy to file a memorandum outlining the charges and witnesses. Chief Justice Patrick Kean said he could deal with the Munro matter.

• Matthew Littlewood/Al Williams