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Boutu v Smith - order [2003] KIHC 35; Civil Case 02 & 03 of 2003 (16 March 2003)

IN THE HIGH COURT OF KIRIBATI
CIVIL JURISDICTION
HELD AT KIRITIMATI

CIVIL CASE NO. 02/03

BETWEEN:

MARTIN BOUTU
Petitioner

AND

TAUNGA SMITH
TAWITA TEMOKU
RESPONDENTS

For the Petitioner: Mr Aomoro Amten
For the Respondents: Ms Taoing Taoaba

CIVIL CASE NO. 05/03

BETWEEN:

ITIUA BINATAAKE
Petitioner

AND:

TAUNGA SMITH
TAWITA TEMOKU
Respondents

For the Petitioner: Mr Banuera Berina
For the Respondents: Ms Taoing Taoaba

Date of Hearing: 10, 11, 12 & 13 March 2003

ORDER

The Respondent Taunga Smith having been found guilty of corrupt practices, It is Ordered That

1. the said Taunga Smith be convicted of a corrupt practice;
   
2. the said Taunga Smith be incapable, during a period of 5 years from this day, of being registered as an elector or of voting at any election or of retaining his seat as a member of the Maneaba n i Maungatabu;
   
3. there be a bye-election to fill the vacancy caused by the incapacity of the said Taunga Smith.
   

It is Further Ordered that insofar as the Petitioners seek relief against the Respondent Tawita Temoku, the Petition be dismissed.

It is Further Ordered that the Respondent Taunga Smith pay one set of costs to the Petitioners, to be taxed and that the Petitioners pay one set of costs to the Respondent Tawita Temoku, to be taxed.

Dated the 16th day of March 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE