The sentencing of a man who was charged for cultivating cannabis and selling or offering to supply a Class C controlled drug has been adjourned to tomorrow.

Joseph Wachter has appeared in court since 2021 on charges related to the seizure of approximately 30 cannabis plants in Arorangi by the Cook Islands Police.

At the High Court yesterday, Wachter represented by defence counsel Mark Short, made an application to Judge Colin Doherty seeking an adjournment of the sentencing.

Short requested for full disclosures of the case and wanted to provide letters of support as well as a report on his client’s mental illness to the Court.

The defence lawyer said he was confused why the case took three years and that he would normally get his clients to take counselling and get letters of support.

Crown Law prosecutor Tom White did not oppose an adjournment.

Justice Doherty said the defendant was charged in October, 2021. In September 2022, he denied the charges and 10 months later on July 31, he pleaded guilty, was convicted and was to be sentenced.

He said having looked through the file, “there have been an excess of a dozen adjournments before the original not guilty plea”.

Justice Doherty explained that many were related to the unavailability of counsel and that he had sacked his previous counsel.

The defendant filed a submission on June 10, 2024, to change his plea to not guilty on the basis of his former counsel’s competency. However, the application was dismissed on July 29.

Justice Doherty said that Wachter had two probation reports which did not disclose any mental illness, but showed issues of anxiety about the sentencing.

He said that the mental health issue had just arisen and that his current counsel, Short, had no evidence of this but had requested an adjournment.

Justice Doherty added that it was a sentencing matter where full disclosures were not needed and he had pleaded guilty to the summary of facts.

However, he adjourned the sentencing to Friday, October 4, at 9am giving time for Short and his client to gather all they want for mitigation.

Justice Doherty stated that if the sentencing were to be further postponed, the Court would require a report from the health practitioner and the defendant would need to waive any patient-doctor privilege.

The judge told the defendant that he was suspicious that the defendant had “long fingered” (postponed) the case for many months and he must attend the Court prepared for sentencing.