Attorney-General v Highland [1998] KIHC 46; HCLA 068.97 (25 September 1998)

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

HCLA 68/97

BETWEEN:

ATTORNEY GENERAL IN
RESPECT OF CHIEF LANDS OFFICER
Appellant

AND:

MIINA HIGHLAND
Respondent

Mr I Read for the Appellant
Mr B Berina for the Respondent

Date of Hearing: 25 September 1998

JUDGMENT

There have been two translations of the proceedings in the lower court. Obviously the first one was not satisfactory and so a second translation had to be prepared. Counsel for the appellant and counsel for the respondent still complain, and we agree with them, that the meaning of the judgment and of the proceedings themselves is not clear. The current translation of such proceedings does not afford a reliable record to enable counsel to argue their case. That being so, we think the only alternative is to make the following order:

The decision of the Single Magistrate in case No. BD 128/96 be set aside. The case is remitted to the Magistrates' Court for a new trial.

THE HON R B LUSSICK
Chief Justice
(25/09/98)

TEKAIE TENANORA
Magistrate
(25/09/98)

BETERO KAITANGARE
Magistrate
(25/09/98)