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R v Tuaru [2024] CKHC 19; CR 1260-1263 of 2024 (3 December 2024)

IN THE HIGH COURT OF THE COOK ISLANDS
HELD AT RAROTONGA
(CRIMINAL DIVISION)

CR NOS 1260–1263/2024

R

v

RANGI UAI TUARU

Hearing: 3 December 2024

Counsel: Mr T White for Crown
Ms J Crawford for Defendant

Decision: 3 December 2024

____________________________________________________________________

DECISION OF GRICE J
(Variation of bail terms)

[1] Mr Tuaru applied for variation of his bail conditions to change the bail address from that of his cousin, Ms Manavaroa, to reside at that of his aunt, Ms Tarai. The relationship with his cousin had broken down.
[2] Mr Tuaru faces nine burglary charges. A direction was made in October 2024, for a mental health report which has not yet been received. Ms Crawford advised me that disclosure had not been completed to date.
[3] I am satisfied that the variation of the address will not increase the risk of offending while on bail, nor of failing to appear at Court. Both Mr Tuaru and his aunt gave evidence confirming the proposed arrangements, and that they were aware of the bail conditions. The Crown consents to the proposed variation.
[4] In those circumstances I grant Mr Tuaru’s application for variation of bail conditions. The terms of the application as follows:

• (a) not to be abroad between the hours of 7:00 pm – 700 am, unless in the company of his aunt, Ms Teokotai Tarai;
• (b) to reside with Ms Tarai at her address;
• (c) not to associate with co-offenders; and
• (d) not to consume or purchase alcohol, and not to enter liquor licensed premises such as bars and nightclubs.

[5] Mr Tuaru is remanded on bail, to appear at the callover before the Court on 13 December 2024.

_________________
Grice J