Defence lawyer Jock Blathwayt said Werwer, who had been employed in Wairarapa as a grape picker on a short-term visa, did not have an interpreter and the police and court service had not been successful in making any progress with the case.
Werwer had been released on bail with strict conditions restricting his travel, which included being obligated to hand over his passport to police.
Mr Blathwayt said that his client, who has not entered a plea, was due to fly back to Vanuatu on Sunday. He said he believed the charge should not proceed.
"He's leaving New Zealand on Sunday and police have his passport as a condition of bail," he said. "I was told this morning the charges are not being withdrawn. We have a growing number of difficulties: he's due to fly out and he doesn't have employment, he has nowhere to go and he has no income."
Mr Blathwayt said he understood it was not an uncommon language.
Mr Wilson said police had spoken to the complainant and explained that if the accused pleaded not guilty it was likely a trial would not take place for around 18 months. He said she understood the complexities of the case and he described the whole process as "frustrating".
Addressing Judge Bill Hastings, Mr Wilson said he had contacted the immigration authorities.
However, their response had not helped significantly.
"We had discussions with Immigration but up to now they really haven't given us an opinion [on the case]," he said.
"I'm trying to be polite."
Mr Wilson said it was quite surprising that an interpreter could not be found.
"This is not an uncommon language. It's not on the other side of the world."
Judge Hastings said that, despite Mr Blathwayt's request for Werwer's passport to be returned, he did not think it was appropriate to alter his bail conditions.
"I'm reluctant to change the bail conditions. Not only would he escape justice but he would also lose his opportunity to defend the charge."
Mr Blathwayt described the whole scenario as an indictment on the system. "It just seems disgraceful to me that, after this incident was reported on January 4, nobody has spoken to the defendant yet," he said.
"Someone was arrested [in January] and nobody has spoken to him. He certainly has no idea what is happening. I'm asking your honour for you to consider varying the conditions of bail."
Mr Wilson informed Judge Hastings that he would need to speak to senior police to gauge what the next step should be in relation to the case. He acknowledged that withdrawing the charge was one option that may have to be considered.
Judge Hastings agreed to remand Werwer on bail until 2.15pm today at Masterton District Court, when Mr Wilson is due to report back to the court.
