Gray Ronald Pitomaki Turia was the last person charged in Operation Tuvake, a cannabis investigation on Aitutaki, to be sentenced after a High Court sitting on Friday 2 February 2024.[1] Operation Tuvake began in 2020 over police concerns about cannabis dealing by Aitutaki residents, and officers flew from Rarotonga in the early hours of 13 January 2022 to search nine properties on the island.[1] Seven other men had already been jailed in the case.[1] The sentencing hearing was held in the High Court at Avarua on Rarotonga, with Turia taking part by audio-video link from Aitutaki.[1]

Turia was charged with supplying or offering to supply cannabis, a class C controlled drug, in Aitutaki between 5 February and 15 December 2021.[1] He denied the charge but was found guilty in a three-day judge-alone trial before Justice Christine Grice in December 2023.[1] At the trial the Crown said text messages showed Turia, a long-time user who said he used cannabis for back pain, sharing the drug with associates; his lawyer argued the messages proved no actual offer or supply.[2]

Within the operation Turia supplied or offered a low amount of cannabis, to the least extent of anyone charged, and made no profit.[1] Justice Grice found he was a user who put friends in touch with dealers and shared his cannabis, was not involved in the wider operation, and had no previous convictions and six children aged five to 17.[1] Crown Law prosecutor Jamie Crawford asked for a short prison term and a starting point of six months, citing consistency with the other offenders.[1] Defence lawyer Michelle Tangimama argued no comparable case existed and that probation’s recommendation of 18 months’ supervision with community service fit the charge.[1]

The judge deemed prison inappropriate by a close margin and sentenced Turia to two years of probation with the first six months to be served as community service.[1] Turia was ordered not to buy drugs, to attend workshops as directed and not to leave the Cook Islands without the High Court’s approval.[1] The maximum penalty for the charge was two years’ imprisonment.[1]