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Operation Slush not over yet
12 cases in court
Operation Slush not over yet
Thu
4 Mar
In the wake of Judge Colin Nicholson’s discharge rulings, Operation Slush continues to simmer. For lawyer Norman George, it’s not over yet.
George was discharged from seven corruption charges last week but faces seven others.
He was excused from charges that Judge Nicholson said were not supported by ‘direct’ evidence, but those charges which Nicholson were supported by a testimony from Mr Junior Areai-Enoka have not been dropped and will be dealt with in court during the course of this month.
In 2002, Areai-Enoka was employed by George, who served as Minister of Outer Island Development, as a Ministerial Liaison Officer. In April 2005 Areai-Enoka was convicted on two counts of theft for failing to account for $8000 and sentenced to eight months in prison.
Areai-Enoka appealed the sentence and in October the same year swore an affidavit to support his appeal in which he admitted that he had been acting under George’s instructions when he committed the crimes.
Areai-Enoka’s testimony has not been verified nor has it been deemed reliable or credible. Judge Nicholson has yet to determine whether the witness’s account holds up in court. However, it is the only ‘direct’ evidence that might or might not implicate George in the corruption scandal, which explains why George is the only one of three Operation Slush defendants who has not been fully discharged.
George is still under fire for: soliciting a $2000 reward for giving Niederer/Palmec the contract for the purchase of a crusher for Atiu, soliciting a $2000 reward for giving Niederer/Palmec the contract for the purchase of a crusher for Mangaia, soliciting a $2000 reward from Victor Kapoor of Material Management and Supplies Limited as a reward for giving his company the contract for the purchase of a crusher for Aitutaki and soliciting a $3000 reward from Rob James at Eagle Spares as a reward for giving his company the contract for the purchase of a SW41 roller for Atiu.
He faces two charges of theft: failing to account for the proceeds of a cheque for $8000 from Eagle Spares and failing to account for the proceeds of a cheque for $7340 from Transport Commercial. He’s also looking at one remaining charge of fraud for deceiving the Atiu Island Council.
Areai-Enoka testified in court that on more than one occasion George had instructed him to get two quotes for a machine, obtain a bank cheque for the higher quote and purchase the cheaper machine. The refund for the difference, he said, was to go into a political party slush fund.
Nicholas said that Areai-Enoka’s account was not ‘inherently incredible’. He ruled that the witness testimony was sufficient to justify continuation of trial, but did not declare that it was true beyond a reasonable doubt.
“I defer making a decision on the credibility and reliability of Mr Areai’s evidence until the conclusion of the trial when I have heard all the evidence that I am asked to consider, and final submissions,” Nicholson said in a statement.
George was unable to comment, as the case is still sub judice and he said he ‘cannot afford to upset anyone’. He told CI News that he will make a statement when the trial is over.
12 cases in court
Fri
5 Mar
Justice of the peace Dorice Reid (Te Tika Mataiapo) presided over just 12 cases in the high court this week:
James Engu did not appear for call-overs on an unsound mind charge and a threatening to kill or do grievous bodily harm charge. The defendant’s case was adjourned indefinitely and he will remain in custody.
Tony Bullivant – charged with excess breath alcohol. Case adjourned to May 18.
Ngaau Samuel – charged with four counts of burglary. Police prosecutor Tuaine Manavaroa said the investigation is ‘ongoing’ and ‘further charges are likely to be laid’. The defendant will be remanded in prison until his next court date on March 11.
Tungane Brown – appeared for two excess breath alcohol charges.
The defendant was charged last May and her failure to appear in court prompted three justices of the peace to issue bench warrants. Reid withdrew the warrants and logged the defendant’s guilty plea. The defendant pleaded guilty to the second charge, and was charged a total of $450 plus $60 court costs and disqualified from driving for 24 months.
Helen Rotu – charged with theft. Reid withdrew her bench warrant and granted counsel Lavinia Rokoika’s request for an adjournment to April 29.
Chantelle McKay – call-over for a wounding with intent charge. The defendant, who is currently in Australia, will re-appear on April 8.
Koro Raumea – charged with excess breath alcohol. As counsel Norman George was tied up with land court, the case was adjourned to March 11.
Reid granted Elder Robati’s application for a conditional licence with which to drive to work. Robati was disqualified from driving in July of last year after being convicted on an excess breath alcohol charge.
Tungane Mandel – charged with careless driving after damaging a concrete wall at CITC Liquor with her vehicle. CITC submitted a statement that pegged reparations at $640. Reid convicted and fined the defendant $50 plus $30 court costs and instructed her to repay CITC.
Tangatamaki Turangatire – pleaded guilty to common assault. Case adjourned to April 8.
Huria Piho – call-over for common assault. Case adjourned to May 13.
Apera Pori – pleaded guilty to careless driving by way of a written statement. Convicted and fined $50 plus $30 court costs.
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