Herald Issue 735 17 September 2014
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As their petition losses have The judiciary needs to have a mounted, the Demos have clear separation from Parliament become disgruntled and critical and that it would have been at the manner of CJ Weston’s prudent for the Chief Justice to dispersion of judgment. recognise that there is at least According to some Demos the the appearance of a conflict CJ has also become biased and of interest by accepting the impartial in his flamboyant honorary Cook Island residency conversations with the CIP legal from the present government team during the hearings. that he should excuse himself Last Friday evening at a from presiding over any of these gathering of Demo officials and petitions. candidates at the Leader of the The comment that had most Opposition office CJ Weston people scratching their heads was well and truly roasted for made by CJ Weston in the the perception he was favouring Manihiki petition was clumsy the CIP arguments and defense. at best but at worst it gave the Admittedly there was an air of appearance that the Prime frustration and disappointment Minister shared some personal among the gathering and it relationship with him and seemed the CJ was the culprit of suggested to some degree some Chief Justice Tom Weston their losses not their own sloppy discoloration in this case. petitions, blame for failure was In his deliberations Weston CJ CJ Weston referring once again Weston’s back flipping over voter well and truly presented at CJ commented that “Mr. Puna was to the Prime Minister being disenfranchising, a female voter Weston’s imaginary door. an experienced politician and asked by the First Respondent was disqualified even though she Over the last two days CJ knew where to draw the line on Mona Ioane whether or not was outside of the constituency Weston’s court room manner has corruption”, that comment has three contracts to be his “eyes as a medical referral patient, the only reinforced the simmering led many to wonder whether and ears” in Aitutaki three weeks woman’s home and residence Demo hostility towards him. the CJ Weston actually knows before the July 9th elections was is in the constituency and the Every word proceeding from whether a seasoned politician permissible. length of time absent due to his mouth is being scrutinized would know, because many This formed part of the medical reasons is immaterial and scanned for speckles of seasoned politicians just get decision in his submissions and claim the Demo protestors. impartiality and leanings towards very good at blurring that line to gave the impression that the One observer stated CJ Weston the CIP. His written decisions are evade scrutiny. Prime Minister being consulted made opinionated comments being microscopically studied During the Manihiki petition made this all very legitimate. about the dress code of two for evidence of his perceived CIP Puna was given the full liberty Of the three contracts, all witnesses in the context they leanings, so much so the Demos to electronically converse with identical all given to three would be credible witnesses, are confident they can mount and instruct witnesses from different people who would the commenter argued the dress four winning appeals. Leading the Rarotonga Court room but have used these contracts to code of a person is no indication the charge is Wilkie Rasmussen this privilege was not permitted influence their family members of one’s credibility as a witness. with Norman George, Eugene when it was the Demo’s turn to no doubt, only one was deemed No matter what the outcome Tatuava and Kete Ioane. assist and guide their witnesses. to have been corrupt. It was of the final two petitions or by- It is becoming a basis for the According to Demo supporters contended that either all three elections which ever they are, Demo argument the CJ is soft observing this gave the CIP a stood or fell together. If all the there will be some disquiet over on the CIP government that is clear advantage especially when contracts were the same, why the decisions to date, the CJ is a the acceptance by Weston of a Skype technology was being was it necessary to prove that learned man but should never honorary permanent residency used for the first time. the other two contracts did not have accepted an honorary by the Puna administration. In the Aitutaki case there have the intention to influence Cook Islander award until after Orchestrated prior to an election seemed to be growing concern those voters and their family his term was completed. Justice date being set, the Chief Justice that there was in fact is bias and members? should not only be done but would not have known but this was best demonstrated by The Demos are crying foul at CJ seen to be done. - George Pitt PB Cook islands Herald 17 September 2014 news 3 The end of the Norman era? Can Norman rise from the ashes? By Charles Pitt strike out the Amended Petition. upholding 1 count of bribery, the precautions undertaken by bout a week before the CJ Weston further advised that the Petition was dismissed and Ioane to consult with colleagues High Court hearings into there would be a S104 Certificate that the Respondent Mona including the Prime Minister Athe electoral petitions, in the form in the Schedule Ioane retained his seat by 1 over these appointments, he the great artist Mike Tavioni and to Justice William’s Judgment vote. was aware of the risks he was I called in to his niece Ellena’s confirming the election on 9 July The count of bribery that taking regarding the timing café at the airport for a coffee. 2014 of the First Respondent as was upheld was in relation to of these appointments. The On arrival we met Norman the Member of Parliament for the appointment of 3 Field outcome however, was not George who was just leaving. Teenui-Mapumai. Mr George Officers in the constituency of enough to overturn the election “I’m going to win my case,” said was invited to comment however Vaipae-Tautu. CJ Weston in his night results and Ioane has Norman, “remember where you he declined. Judgement stated that although retained his seat by the slimmest heard it!” the 3 appointments were joined, of margins. Whatever plan Norman had, Action in he dismissed 2 on the basis An interesting point noticed Chief Justice Tom Weston was that the appointments process by some observant attendees in not in on it. On Tuesday 16 respect of and the evidence produced, Court was that after Norman’s September in the High Court, other petitions did not confirm aspects of petition was dismissed, CJ Weston dismissed Norman’s Three other matters relating inducement or intent to bribe. several CIP MPs present came petition against the CIP’s Rose to Electoral Petitions were He did however uphold the forward to offer Rose Brown Brown who in a major political dealt with in the High Court allegation of bribery regarding congratulations however there upset, took Norman’s Atiu seat yesterday by Chief Justice the 3rd Field Officer as the job was no such action when the from under his nose. Thomas Weston. The first offer included an attempt to petition against the CIP’s Mona The question now on involved seeking legal consent induce the voter to cast a ballot Ioane by the Demo’s Kete Ioane, everyone’s lips is,” have we to alter a comment made in Ioane’s favour. Irrespective of was dismissed. now seen the end of the great by Chief Justice Weston in Norman?” his summary following a It’s more likely though that the complaint from Counsel for SWITCH ON WITH wise old cat will withdraw into the petitioner in the Penrhyn the jungle to lick his wounds and constituency which was agreed when the time is right, he will Te Aponga Uira to.