By Losirene Lacanivalu, Cook Islands News
The main courthouse in Rarotonga, Cook Islands. Photo: RNZ / Jamie Tahana
A New Zealand-based Cook Islander was sentenced to 20 months imprisonment for bringing cocaine and cannabis into the country in the first significant case of its kind.
The 45-year-old New Zealand DJ (disc jockey) was arrested last year for bringing cocaine and cannabis to Rarotonga. Crown Law labelled this as the first significant case of cocaine being brought into the country.
William Anthony Tauu Dave was convicted for possession and importation of Class A controlled drug (cocaine), possession and importation of Class C controlled drug (cannabis) and for false declaration.
Dave, who was represented by defence counsel Mark Short, appeared before Justice Colin Doherty at the High Court in Avarua last week. Crown Law was represented by Tepuretu Whitta.
The Court heard that on September 6 last year, Dave was invited to the Cook Islands as a DJ for a birthday party. The defendant was also asked to bring some items for people who were going to contact him when he arrived in Rarotonga.
Upon arrival at the Rarotonga International Airport, he was questioned by the border security and searched where a large container of protein powder was found. He had admitted it was for someone else.
The Court heard that a container of protein powder was given to him to bring to Rarotonga, however on arrival it was revealed that he had brought in prohibited items that had been concealed in the protein powder.
The items uncovered in the protein powder were a small zip-lock bag containing 31.9 grams of cocaine, four packages of cannabis stored in glad wrap and layers of coffee powder weighing 836.5 grams and eight blue Viagra pills.
Justice Doherty said the substances were sent for analysis and they were found to be cocaine and cannabis.
The Crown submitted that this was the first case of its kind in the Cook Islands and there was no evidence that the defendant was aware of the substance. The judge considered it significant that the Crown could not prove this.
Justice Doherty said the defendant had admitted to the charges and accepted full responsibility.
He said the aggravating factors were the quantity of cannabis and cocaine he had in his possession were substantial.
The judge said the defendant was reluctant to "dob anyone in" and that he had some knowledge of the risk he was taking.
Justice Doherty said the Crown had stated that this was the first significant case involving cocaine, a Class A drug, being brought into the country.
According to his probation report, Dave is a Cook Islander, who was raised in New Zealand, and left school at the age of 16 when his partner at the time became pregnant.
He was raised in a typical family of six with him being the only male. His parents have both passed away.
The probation report also said that Dave has six children however his daughter passed away in a car accident in 2020. The loss of his daughter has had a devastating effect on the defendant which he has struggled to cope with, according to the probation report.
Dave had been living with his cousin since September last year and was employed to do renovations and maintenance works at a Rarotonga resort.
Defence counsel Short in his submissions said the defendant was alienated from his family as a result of the charge and that it had not been an easy road for him.
Short provided nine letters of support, pleaded guilty at the earliest and because of his naivety he landed himself in the situation. He requested a lenient sentencing.
Dave was sentenced to 20 months in prison for the main charge, with six months of that sentence for the false declaration charge to be served concurrently.
Justice Doherty also ordered the destruction of the seized Class A and C drugs.