Republic v Kaburara [1996] KIHC 107; HCCrC 12.96 (2 December 1996)

IN THE HIGH COURT OF KIRIBATI
(BEFORE THE HON R LUSSICK C.J.)

HCCrC 12/96

THE REPUBLIC

versus

MIKAERE KABURARA

(Arson)

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

JUDGMENT

The accused has been indicted on three counts, viz. arson contrary to section 312 of the Penal Code Cap. 67, damaging property contrary to section 319(1) of the Penal Code Cap. 67 and possession of a dangerous weapon contrary to section 74(b) of the Liquor Ordinance Cap. 50.

As regards the charge of arson, counsel for the Republic has entered a nolle prosequi by stating in court that the Republic does not intend to continue with the proceedings. The accused is accordingly discharged in respect of that charge.

As regards the other two charges, counsel for the Republic applies to withdraw them. I am informed that fresh charges are to be filed in the Magistrates' Court either this afternoon or tomorrow morning and an application will be made that they be heard this week. There being no objection to counsel for the Republic's application that these two charges be withdrawn, the application is granted and the charges are withdrawn.

THE HON R B LUSSICK
CHIEF JUSTICE
(2/12/96)