Republic v Boutu [1999] KIHC 27; HCCrC 35.98 (30 April 1999)

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

HCCrC 35/98

BETWEEN:

BAURO BOUTU
Applicant

AND:

THE REPUBLIC
Respondent

Mr B Berina for the Applicant
Mr T Tabane for the Respondent

Date of Hearing: 30 April 1999

JUDGMENT

The applicant moves the Court for an order dismissing a charge of theft brought against him in the Marakei Magistrates' Court in respect of a incident which allegedly occurred in 1991. The charge was brought in 1998 and the ground of the application is that the applicant has not been accorded a fair hearing within a reasonable time as required by section 10(1) of the Constitution.

The Republic does not oppose the application. The Director of Public Prosecutions has told the Court that the Attorney General's Office instructed the Police in 1991 to take no action and was unaware of the subsequent proceedings brought in the Magistrates' Court.

The motion is therefore granted and it is ordered that the charge brought against the applicant under section 254(1) of the Penal Code Cap. 67 in respect of an incident allegedly occurring between April and July 1991 be dismissed and the applicant acquitted accordingly.

THE HON R B LUSSICK
CHIEF JUSTICE
(30/04/99)