The Crown has asked for another week to decide whether to seek a retrial for a caregiver charged with assaulting two boys using a variety of household objects, after a jury could not agree on 10 charges last Friday.
Crown prosecutor Lisa Preston said the decision would be presented in a written memorandum next week.
Fishery worker Motuloto Tovio, 46, was acquitted on two charges of assault with a weapon and convicted on two charges of assault, but faces possible retrial on the 10 remaining charges where the Christchurch District Court jury was deadlocked at the end of the week-long trial.
Two of the jury's decisions were 11-1 majority verdicts which are now permitted in New Zealand.
The boys do not live with Tovio and are now overseas. The Crown would have to bring them back to New Zealand for a further trial.
In the meantime, Judge Michael Crosbie has arranged for Tovio to be sentenced on the two convictions on September 16.
He asked for victim impact statements and a pre-sentence report with appendixes to cover Tovio's suitability for community detention and home detention.
The sentencing will be before Judge Raoul Neave, who was the trial judge.










