A man charged with stealing a man’s bag on Aug. 4 is out on his own recognizance after an error by the Hawaii courts.
Christiansan Kaawa, 25, is charged with second degree robbery.
Originally his preliminary hearing was set for Friday. However, the state had lacked sufficient time to serve the necessary subpoenas, said deputy prosecuting attorney Kauanoe Jackson, and asked it be delayed to Monday.
In her motion, she said the state still had a day to start the hearing. Under Hawaii penal rules, an in-custody defendant must have their preliminary hearing within two business days of their initial appearance.
He was scheduled for a 2 p.m. hearing on Monday, but first the other cases of traffic issues, open container violations and a disputed dog dung case, were heard.
It wasn’t until 2:40 p.m. Judge Margaret Masunaga was ready to call the case.
But Kaawa was nowhere to be found.
Defense attorney Terry McCabe said that his client had not been transported from Hawaii Correctional Center.
McCabe said the jail staff was not told that Kaawa was due in court and therefore did not transport him with the other inmates.
Kaawa had to be released on his own recognizance under the Hawaii Rules of Penal Procedure, McCabe said, making a formal motion.
The rules say that, unless the delay is the result of the defendant or the court finds “… such compelling fact or circumstance would render such a release to be against the interest of justice,” a person held that long has to be released on their own recognizance.
As a result Kaawa will not have to post the $25,000 bail set by the court.
Masunaga granted the defense’s motion.
Kaawa’s preliminary hearing is now set for 2:30 p.m. Oct. 12.