Jurisdiction ruling

Press, 22 May 1978, Page 7

Jurisdiction ruling

PA Auckland! The Chief Justice of the* Cook Islands (Mr G. J. Donne) has ruled that he does have jurisdiction to; hear charges against two, men charged with bribery in connection with charter! flights to the Cook Islands for the March General Election. The two men, whose names were suppressed, had earlier been remanded by Mr Donne to stand trial in Rarotonga on June 12. Mr Donne has been presiding over a series of sittings in Auckland. Counsel for the two men,

!|Mr L, W. Brown, Q.C..had;f (applied to have the charges c (dismissed. He alleged the it i court lacked jurisdiction to t (consider the charges because I (they related to an alleged j offence committed in New 1 (Zealand and not in the Cook ■(lslands. it Yesterday Mr Donne ruledip that he did have jurisdiction, j f Undoubtably a prima facie! v case had been established,! t and as a visit to the Cook it ■ Islands was an integral part I c and ingredient of the al-(a leged offences, then the. 1 Cook Islands Court had r jurisdiction to hear thejt charges, he said. it Mr Brown then made ad

further application that a case be stated on this question of law and be taken to the Supreme Court of New Zealand (which is the Appeal Court of the Cook Islands Court). Mr D. A. R. Williams, for! the Cook Islands Police Department, submitted that the proper course of action would be to allow the case to proceed to trial and to raise the question of jurisdiction again if the defendants were convicted. Mr Donne, with the agreement of Mr Brown, decided to reserve the question of a case stated until after the; trial.