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Lamalei v Republic [2015] KIHC 46; Criminal Appeal 9 of 2011 (3 July 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL APPEAL NO. 9 OF 2011

BETWEEN

RIIA LAMALEI
APPELLANT

AND

THE REPUBLIC
RESPONDENT

Before: The Hon Justice Vincent Zehurikize

3 July 2015

Mr KiatoaIaoniman for Appellant
Mr WaimauriNawaia for Respondent

PROCEEDINGS

Mr Nawaia: I am ready.

Mr Iaoniman: No appeal pending. This is an application for leave to appeal. I withdraw from this case because I have no instructions to appeal.

Court: Counsel is allowed to withdraw from the matter. What is pending is not an appeal. It is an application for leave to appeal filed way back in 2011. It was misnamed an appeal No. 9 of 2011. No steps have ever been taken to even prosecute the so called appeal, which in effect, is an application.

Court cannot continue to keep sheer confusion in its shelves. The so called appeal is struck out.

Dated the 3rd day of July 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge