A man charged with theft of a 40-foot container was discharged without conviction yesterday.

The three Justices of the Peace who delivered the verdict also denied an application made by the victim for psychological costs of $300.

Tamarua O Iva Browne, represented by defence lawyer Lavi Rokoika, appeared before Justices of the Peace Tangi Taoro, Nga Mataio and Paul Turepu at the Criminal Court in Avarua. The JPs found that the case was a misunderstanding about who owned a 40-foot container.

Browne’s case had gone through a trial in May this year before Justices of the Peace John Whitta, Nadine Newnham and Mata Nooroa after he denied the charges. The reserved decision delivered in June this year found him guilty.

The Court heard that the container belonged to the complainant who had allowed Browne to use it to start his café business.

JP Taoro said that instead of moving the container to the site of his business, he sold it to another person for $4000.

Browne, in an interview with the police last September, admitted selling the container and was subsequently charged.

According to the probation report, the defendant is self-employed.

The report further stated that the sale of the container resulted from a misunderstanding concerning ownership. The defendant assumed that being permitted to use the container implied ownership.

JP Taoro said the defendant acknowledged his wrongdoing, had apologised to the Court and to the victim.

He had also arranged with Cook Islands General Transport to return the container to the victim.

JP Taoro said the Probation Services recommended a discharge without a conviction.

Defence lawyer Lavi Rokoika did not agree with police prosecution’s submission for Browne to have a 12-month suspended sentence as the conviction would affect his business.

Rokoika said the 12-month suspended sentence was disproportionate to the nature of the offender.

She said the container was returned to the victim and discharge would be appropriate.

Rokoika also disagreed with the reparation claims made by the victim for psychological damages stating that this was outside of the Court’s jurisdiction.

Browne was ordered to pay $50 court costs.