Cell case creating concern for crim

A prison inmate says he is set to be the victim of double jeopardy, with both police and the Department of Corrections prosecuting him for allegedly having a cellphone in his cell.

Quentin Joseph Moananui is serving a jail sentence in Whanganui Prison.

But he found himself beamed into the Palmerston North District Court on Thursday via an audiovisual link, after being charged with breaching the Corrections Act.

Police say Moananui had a cellphone in his cell. The charge usually results in an inmate getting an extra month tacked onto their sentence.

But Moananui told the court he was already being prosecuted through the prison’s internal justice system.

Minor indiscretions by inmates are dealt with by visiting justices, with punishments including a loss of privileges, cell confinement or loss of money earned doing jobs in prison.

‘‘I don’t know why you guys are trying to do me [in court] as well,’’ Moananui said.

‘‘It’s double jeopardy and it’s s .... ’’

Duty lawyer Mike Andrews said there were three people in the cell at the time.

While Moananui handed over the phone, more was needed to prove it was his, Andrews said.

Judge David Smith said the potential double jeopardy situation could be a defence, but it would take time to get paperwork together to prove that.

Moananui tried to hurry things up by placing the prison justice system charging documents in front of the camera, but the judge said that was not good enough.

The judge deemed a not guilty plea and remanded Moananui in custody until March for a case review.