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Republic v Mikaio [2014] KIHC 55; Criminal Case 34 of 2011 (27 November 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL CASE NO. 34 OF 2011

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

WAINNANG MIKAIO
ACCUSED

Before : Hon Chief Justice Sir John Muria

27 November 2014

Mr Taburuea Rubetaake for Prosecutor
Ms Jessica McLaren for Accused

ORDER

Having heard Mr Rubetaake of Counsel for the Republic and Ms McLaren of Counsel for the accused WAINNANG MIKAIO and having heard the evidence, including the two Medical Reports, one from the prosecution and one from the defence, and submissions from the Republic and the defendant in this case the Court is satisfied that the special verdict is warranted. The Court finds the accused WAINNANG MIKAIO guilty of "the act" charged as a crime but he was insane so as not to be responsible for his actions at the time of doing the act. IT IS THEREFORE ORDERED that WAINNANG MIKAIO be received and be kept in safe custody for an indeterminate period at the Mental Health facility (Ward) under the supervision of the medical officer in charge of that Ward at Nawerewere where he is to continue to receive appropriate medication and treatment for his mental condition.

Subject to medical report from the medical officer in charge, the parties shall have liberty to apply to review this Order every two years should the circumstances of the accused change.

Dated the 27th day of November 2014

SIR JOHN MURIA
Chief Justice