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Republic v Moote [2018] KIHC 76; Criminal Case 1 of 2016 (3 August 2018)

HIGH COURT OF KIRIBATI

Criminal Case № 1/2016

THE REPUBLIC

v

KEETAU MOOTE

Tewia Tawita, Senior State Attorney, for the Republic
Reiati Temaua for the accused

FILE NOTE

[1] By information filed on 15 January 2016, the accused was charged with 1 count of attempted rape, contrary to section 130 of the Penal Code.

[2] The matter was listed for trial before the Chief Justice on 15 November 2017, but the accused did not appear, and a warrant was issued for his apprehension.

[3] The warrant was never executed, and I am informed by counsel for the Republic that the accused is believed to have been a passenger on the MV Butiraoi when it sank in January this year. Because of the manner of the vessel’s sinking it has not been possible to confirm the death of the accused, so no death certificate has been issued.

[4] In the circumstances, counsel for the Republic has stated in court the Attorney-General’s desire to enter a nolle prosequi under section 68(1) of the Criminal Procedure Code. The accused is accordingly discharged.

[5] This file is to be closed.

Dated 3 August 2018.

Lambourne J
Judge of the High Court