Tewei v Attorney General [2022] KICA 5; Civil Appeal 1 of 2020 (11 August 2022)

IN THE KIRIBATI COURT OF APPEAL Civil Appeal No. 1 of 2020
CIVIL JURISDICTION
HELD AT BETIO
REPLUBLIC OF KIRIBATI

BETWEEN	ABERAAM TEWEI		APPELLANT
AND	ATTORNEY-GENERAL IRO THE COMMISSIONER OF POLICE		FIRST RESPONDENT
AND	THE PUBLIC SERVICE COMMISSION		SECOND RESPONDENT
Hearing:		22 July 2022
Before:		Blanchard JA Hansen JA Heath JA
Counsel:		Mr B Berina for Appellant Mr M Mweretaka for Respondents
Judgment:		11 August 2022

JUDGMENT (NO. 2) OF THE COURT

[1] On 1 August 2022, we gave judgment on Mr Tewei's appeal. The background is set out fully in that judgment. We indicated that the appeal would be allowed and invited counsel to confer and, if possible, to agree the orders required in consequence.
[2] We have now received a joint memorandum from counsel, confirming terms on which the appeal may be allowed. We thank counsel for their assistance.
[3] By consent, we make the following orders:

• (a) The appeal is allowed.
• (b) The decisions of the Public Service Commission dated 25 August 2015 and that of the Beretitenti made in consequence of it are quashed.
• (c) The decision of the Commissioner of Police of 5 June 2015 is quashed.
  
• (d) The Commissioner of Police shall reconsider Mr Tewei's application to review the decision of the Non-Summary Board of 18 May 2015. In reconsidering the decision of the Non-Summary Board:
  
  • (i) The Commissioner must allow Mr Tewei, or counsel for Mr Tewei, the opportunity to make representations;
    
  • (ii) The Commissioner of Police must take into consideration the judgment of this Court of 1 August 2022 and the reasons for the findings of the Court set out in that judgment.

5. The security paid towards the costs of the appeal by Mr Tewei shall be repaid to him.
   
6. The Respondents shall pay the costs of Mr Tewei in this Court and in the High Court, in a sum to be agreed or taxed.
   

Blanchard JA
Hansen JA
Heath JA