Timon v Republic [1998] KIHC 63; HCCrA 03.98 (27 November 1998)

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

HCCrA 3/98

BETWEEN:

TAKINETI SIMON
Appellant

AND:

THE REPUBLIC
Respondent

Mr B Berina for the Appellant
Ms P Tebao for the Respondent

Date of Hearing: 27 November 1998

JUDGMENT

On 15 January 1998 the appellant, who was chairman of Kiribati Oil Company Ltd (KOIL) pleaded guilty in the Betio Magistrates' Court in case No. 71/98 to a charge of storing liquor in an unlicensed club, namely the KOIL Canteen, contrary to section 21 of the Liquor Ordinance Cap. 50. He was convicted and fined $25.00 and the liquor - 182 cans of beer and 3 bottles of liquor - which had been seized by the police, was forfeited by the court under section 81 of the Ordinance.

That decision is now appealed on the following grounds:

1. The Appellant had a valid licence to store and sell liquor for the whole of 1997 and
   
2. The liquor seized was the remainder of the Appellant stock in 1997 when its liquor was seized the Appellant was in the process of getting a new licence.
   

The fact that the appellant had held a valid licence in 1997 is irrelevant. The material time was the date when the charge was brought, i.e. 15 January 1998. The appellant admitted in the magistrates' court that at that time the club was unlicensed.

The fact that the liquor seized was brought into the club in 1997 when the club was licensed is also irrelevant. At the material time, the said liquor was being stored in an unlicensed club. Also, the fact that he appellant was, at the material time, in the process of getting a new licence does not assist him.

In my view, the appeal has no merit. It cannot be said that the fine was excessive or that the magistrates wrongly applied the discretion given to them by section 81 to forfeit the liquor.

The appeal is therefore dismissed.

THE HON R B LUSSICK
CHIEF JUSTICE
(27/11/98)