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Republic v Tebaruaki [2008] KIHC 40; Criminal Case 36 of 2008 (11 September 2008)

In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 36 of 2008

The Republic

v

Nikaua Tebaruaki

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Giles O’Brien-Hartcher

Date of Hearing: 11 September 2008

JUDGMENT

The applicant (for a stay of proceedings) is charged with three counts of forgery and three counts of uttering. The offences are alleged to have been committed between 21 December 2006 and 18 January 2007. According to the applicant’s affidavit she gave her statement to the police on 5 March 2007. She heard nothing more about the matter until served with a copy of the charges on 13 August 2008. The charges themselves were filed in the High Court on 30 May. During more than 17 months the applicant says she was in a state of miserable apprehension wondering what, if anything would happen: more significantly for this application her memory of events was fading, making it more difficult to prepare her defence now.

Ms Iteraera can only say that a key witness is at USP in Fiji and the Attorney General has been waiting for his return. Yet the absence of the witness would not have prevented the charges being laid. Furthermore Ms Iteraera has said the Attorney General’s office has been understaffed and its officers overworked. Perhaps so but that is for the Attorney General to put right. These things should not be to the prejudice of this or any accused.

The application is granted: these proceedings are stayed.

THE HON ROBIN MILLHOUSE QC
Chief Justice