Metai v Republic [2009] KICA 4; Criminal Appeal 01 of 2009 (20 August 2009)

IN THE KIRIBATI COURT OF APPEAL
CRIMINAL JURISDICTION
HELD AT BETIO
KIRIBATI

Criminal Appeal No 1 of 2009

BETWEEN:

N. TOOTA METAI
APPELLANT

AND:

THE REPUBLIC
RESPONDENT

Before: Hardie Boys JA
Tompkins JA
Fisher JA

Counsel: Abunaba Takabwebwe for appellant
Pauline Beiatau for respondent

Date of Hearing: 20 August 2009
Date of Judgment: 20 August 2009

JUDGMENT OF THE COURT

This appeal against the decision of the Chief Justice not to fix a non-parole period either more or less than 10 years was based on a misunderstanding of the provisions of section 11 (1A) of the Parole Board Act 1986. The appellant was given to understand that it meant she had to spend the rest of her life in prison. Of course it meant that she could not apply for parole for 10 years.

Sentence was imposed on 24 September 2007, and at some time before the appeal came before this Court the Beretitenti exercised the prerogative of mercy and the appellant was released.

Consequently the appeal was discontinued.

Hardie Boys JA
Tompkins JA
Fisher JA