Republic v Bakatu [1995] KIHC 5; CRC 52 of 1994 (18 April 1995)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON. S CORY C.J.)

HCCrC 52/94

THE REPUBLIC

v.

BERETIA BAKATU

Ms T Beero for the Republic
Mr D Lambourne for the Accused

JUDGMENT

In this case the accused is charged with the murder of his wife on 28 June 1994 at Maora, Fanning Island by stabbing her on the neck and stomach with a bush knife.

About a week before the incident the accused suspected that his wife was committing adultery with a neighbour. On the day of the incident, after returning from the village, the accused searched the area adjacent to his home and found some marks on the ground which he suspected were signs of sexual activity. He took his wife and his neighbour's wife Arouea to the scene. His wife at first denied any adultery, the accused was angry at this stage - on further questioning, the accused's wife ran away to the neighbour's house, Tomitiana, this made the accused more angry and he went after his wife and brought her back. On returning to the house, the accused repeatedly asked his wife if she had committed adultery and she finally admitted adultery. This made the accused more angry. The wife ran away a second time and this made the accused very angry, he brought her back and struck her several blows with an iron coconut scraper. An old man Kautumeterea intervened and took the coconut scraper off the accused. The accused says he was still angry at this point, that he sent the old man away and then asked his wife to get up onto the raised platform as he wished to discuss matters further with her. At this time he picked up his bush knife, to cut more tobacco for a smoke; his wife then ran away again. He chased her and struck her on the neck and on the stomach. The accused says at this time he was very angry and lost his mind or self control.

I am satisfied beyond reasonable doubt that the deceased died from the above two wounds inflicted by the accused.

Under Section 197 of the Penal Code murder is reduced to manslaughter if there is proved on behalf of the accused or the balance of probabilities that the accused was deprived of the power of self control by such extreme provocation given by the person killed as mentioned in Section 198.

Applying the criterion in Section 197 and 198 I am satisfied that the accused was deprived of the power of self control at the time he chased and struck his wife with the bush knife and I am also satisfied that the accused was "provoked" into losing his self control by his wife's admission of adultery together with her final running away, having run away and been brought back twice before.

I find the accused not guilty of murder but guilty of manslaughter and he is so convicted.

THE HON. S CORY
Acting Chief Justice

(18/04/95)