Republic v Taurerei [1999] KIHC 31; HCCrC 17.98 (26 May 1999)

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

HCCrC 17/98

THE REPUBLIC

versus

UTIMAWA TAUREREI

Mr I Read for the Republic
Ms J Fleer for the Accused

Date of Hearing: 26 May 1999

JUDGMENT

The accused has pleaded not guilty to a charge of arson contrary to section 312(a) of the Penal Code Cap. 67 in that on the 27th October 1997 at Banaba Island he wilfully and unlawfully set fire to a vehicle namely a water supply truck registration BAN 19 belonging to the Government of the Republic of Kiribati.

The Republic called only one witness to prove its case. This was a young man aged 17 by the name of Temaaina Iete. The sum total of his evidence was that on the night of the fire he saw, from a distance, the top of a truck burning. He did not go any closer to the fire and so was unable to provide any other details.

In the circumstances, counsel for the accused has submitted that there is no case to answer.

It is quite clear from the evidence that there is nothing at all to connect the accused with the fire. In other words, if everything that the witness said was taken as being true, there is no evidence upon which a reasonable jury properly instructed could possibly convict the accused.

I therefore find that the prosecution has failed to establish a prima facie case against the accused and he is accordingly found not guilty and acquitted.

THE HON R B LUSSICK
CHIEF JUSTICE
(26/05/99)