Republic v Tonana [1989] KIHC 5; Criminal Case 08 of 1989 (14 March 1989)

IN THE HIGH COURT OF KIRIBATI

High Court Criminal Case No. 8/89

THE REPUBLIC

-vs-

BAKAEA TONANA

14.3.89

SENTENCE

MUHAHAMMAD J:-

I think you have taken the wise course in pleading guilty and admitting to the wrong you have done. I convict you for all the offence in which you are charged and I take into consideration the fact that you have pleaded guilty. I think it carries favour with the court the accused can ask the court to excercise the said sudden amount of lenient because a plea guilty shows an amount of a remorse. But it does not carry any more weigh than that because many people do feel sorry after they have done wrong but when they do the wrong, that is the time to think and say say, stop at moment and think whether he is doing a right thing or a wrong thing and if it is a wrong thing, then there is a time for a person should stop. In this case it seems that right from the time go when you started your employment, when the cash came into your hands, you couldn't give your hands offered. You are trusted by the counsel to keep their purse and you put your hands in it straight away and continuously. You continued for a long period and I no doubt that there were times when you start as Mr. Koaru said on your behalf, taking money and pay it back and you decided not to bother to repay and continued spending it.

As it was a gift from God so you squander all that money on yourself and other people as there was no owner of that money. Of that is not excuseable under any circumstances. For a person in a position of trust as you were no doubt on behalf of the Public. That is extremely bad, I think it must be said that were people had been given the responsibility of looking after Public Funds, the trust imposed in them, by the government or the counsel or even in private individual cannot be betrayed, you betray that trust and although used yourself has suffered great deal of it. The Public Officers cannot function unless they can find people who are trustworthy and people who betray that trust must in the interest of the Public be shown to have been punished adequately. I take into consideration I feel very sorry, that your family, your wife in particular and with the young child would have to suffer, but that is your responsibility. You have then added punishment that means you when you sent to prison must think that you have caused your wife and child to suffer and those people who are in a position like yours must remember that if they slipt up and do wrong things then they will have to be suffer in this same fade as you will suffer. I think in taking into consideration that have also a good character means that you have never been in trouble before there is no flamish on your character and people with good character must have good credit for it but it only limited to extent that the properly the first time you have the opportunity to show that you are an honest man, you fail in that tasks. Taking into consideration all the facts, which I've mentioned and the circumstances of the case, I think the most lenient sentence I can pass with consistent with my duty with the Public is that you go to prison for 2½ years.

FAQIR MUHAHAMMAD
JUDGE