Republic v Tokanimata [1998] KIHC 3; HCCrC 51.97 (16 January 1998)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Criminal Case No. 51 of 1997

THE REPUBLIC

vs

TEITIBWEBWE TOKANIMATA

For the Republic: Ms Pole Tebao
For the Accused: Mr David Lambourne

Date of Hearing: 16 January 1998

SENTENCE

The accused has pleaded guilty to a charge of arson contrary to section 312(a) of the Penal Code, Cap. 67.

The facts were that on the night of Tuesday, 19th November 1996 the accused set fire to part of the Kiribati Protestant Church at Keuea village, Butaritari. The church was made out of local materials and very little damage was done. It was stated in the summary of facts provided by the prosecution that the damage was estimated at $200.00. However, there was sworn evidence that the actual damage was in fact as little as $20.00.

It is explained for the accused that he was drunk on that night and he became involved in an argument with a member of the local Kiribati Protestant Church group. The accused lost his temper and as a result set fire to the church.

A witness came to court to represent the Kiribati Protestant church community and also the village community of Keuea. He is Barekiau Motiatu, an old gentleman aged 69. He testified that he had come to court to represent his community and to tell the court that the accused has been forgiven. He said that there was very little damage done to the church and it was able to be repaired the next morning. The accused's family had participated in the work and provided materials.

The witness said that the accused later apologized individually to each member of the church, and promised to change his ways. As far as the witness knows the accused ha snot had an alcoholic drunk since then. The witness said that the accused is a respected man in his village, and that he is active in church affairs as well as being a councillor on the Island Council. I am told that the accused is aged 37, is married and has 7 children ranging between the ages of 2 to 18 years. He is a person of previous good character.

From what I have been told about the accused it seems that this offence was out of character. The High Court has often said that the offence of arson is so prevalent in Kiribati that the only appropriate penalty is a term of imprisonment, except in very special circumstances.

The accused has been in custody since the 1st December 1997. Taking all those matters into account which I have mentioned, I think that justice will be served if the accused is released from custody forthwith and given a suspended sentence.

Accordingly, the accused is convicted and sentenced to imprisonment for a term of 6 months, but it is ordered that the sentence shall not take effect unless during a period of 2 years from today, the accused commits another offence punishable with imprisonment and thereafter the High Court orders that the original sentence shall take effect.

Dated the 16th day of January 1998

THE HON R B LUSSICK
CHIEF JUSTICE