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Republic v Tabaeko [2008] KIHC 64; Criminal Case 29 of 2008 (17 November 2008)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

High Court Criminal Case 29 of 2008

The Republic

v

Nawaia Tabaeko

For the Republic: Ms Taaira Timeon
For the Accused: Ms Kiata Kabure

Date of Hearing: 10 November 2008

JUDGMENT

The accused, Nawaia, a little old man, is accused of a serious indecent assault on Nei Meeri, a young married woman of 19. The prosecution alleged that late one night after Nawaia had been drinking with her husband, Bobai and others, Nei Meeri was at his house. He sent his wife away, took Nei Meeri into the bushes and indecently assaulted her.

Nawaia denied having taken Nei Meeri into the bushes or any indecency towards her: says she has made it up to get even with his daughter who has complained that Bobai raped her. Certain it is that Nei Meeri was sleeping at Nawaia’s house. The other two prosecution witnesses, Bobai and James Raoboia, Special Constable, gave no evidence inconsistent with the differing account of events given by both Nei Meeri and Nawaia. Their evidence carried the prosecution case no further.

The victim gave her evidence quite well. As I heard it I was prepared to believe it but when I saw and heard the accused a doubt came to my mind. Nawaia denied any indecent behaviour. He too was a believable witness.

The accused did not have to prove anything but having heard all the evidence I am left with a doubt which I regard as reasonable as to whether the accused ever did take Nei Meeri into the bushes and assault her. The prosecution has not proved the case against the accused beyond reasonable doubt.

The accused is not guilty.

Dated the 17th day of November 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice