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Republic v Tiwirim [2010] KIHC 71; Criminal Case 21 of 2010 (29 June 2010)

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

High Court Criminal Case 21 of 2010

THE REPUBLIC

V

KARAITI TIWIRIM

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Taburuea Rubetaake

Date of Hearing: 29 June 2010

JUDGMENT

The accused has been charged with five counts of incest. Except for the date – three incidents in 2008, one in 2009 and the last in 2010 – the particulars are the same. Particulars of the first incident:-

Karaiti Tiwirim on an unknown date between the 1st of January to
31st of July 2008, at Bwanraeaba village, South Tarawa, in the house of Karaiti, had sexual intercourse with Tetiria Karaiti who is to his knowledge his daughter, a girl under the age of 13 years.

The accused pleaded not guilty to the first four counts and guilty to count five.

The prosecution called two witnesses, the victim and her mother, the wife of the accused. On Ms Beiatau’s application a screen was placed in front of the dock so that the accused could not see the girl giving evidence nor could she see him.

The victim, Tetiria Karaiti, is now 12 years old. She is physically small and immature in appearance. Before she was sworn I questioned her and was satisfied she understood the oath to tell the truth. Tetiria gave evidence on oath:-

Before Independence sleeping on buia with mother and brother. Father went to drink kava. He came and woke me up. Mother sleeping. Told me to take off my pants, skirt: told me to go on top of him – turned me over: inserted penis into vagina, penetrated. Wearing nothing. Hurt my vagina. A long time. I cried – didn’t say anything. He said if I told he’d smack me and kill me. He went to his sleeping place beside mother. I didn’t tell anyone: I was afraid of him.

He did same thing three days later, 2008. I counted the days. He did the same thing. (Recites same action). Nine days later – I counted the days – the same. After the third occasion, in 2009 staying with parents – after Independence before end of third term – father did same thing as in 2008.

First told anyone in 2010 – told my mother’s sister, Teretia .....

This was a coherent account of the four incidents which the accused had denied. Tetiria was not shaken in cross examination. I accept her evidence beyond reasonable doubt.

Her mother, Nei Akineti Karoua gave evidence. She had known nothing of the incidents until her daughter had made a complaint. She went to see her husband in custody awaiting trial:-

Visited husband in gaol to get true story. Asked why he was in gaol – was it true. Said it was true – said he was touching the child to arouse her, arousing him, do indecent assault: he said he put his penis inside my child and telling the child not to stretch her legs. "Isn’t she your child?" He said maybe he was mad. Crying. He is the father.

Nei Akineti was not shaken in cross examination. I accept her evidence beyond reasonable doubt.

The case for the prosecution.

The accused did not give evidence leaving the case against him overwhelming. I have accepted the evidence of the victim. That alone would be sufficient to convict.

I have accepted the evidence of Nei Akineti. The admissions of the accused to her again would be sufficient to convict.

The accused is guilty on the first four counts and, on his own confession, guilty on the fifth count.

Dated the day of June 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice