Republic v Nimatu [2001] KIHC 55; Criminal Case 32 of 1997 (19 June 2001)

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

High Court Criminal Case 32 of 1997

THE REPUBLIC

vs

KARIITA NIMATU

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Emma Hibling

Date of Hearing: 11 June 2001

SENTENCE

Kariita Nimatu: you have pleaded guilty to giving false information to the Registrar of Births, Deaths and Marriages concerning your father. You registered his death, saying that he had died the year before whereas in fact he was still alive then and, happily, still is. That was in April 1995. Having registered your father's death you then used the Death Certificate to withdraw from the KPF $50.00.

You did this, Ms Hibling told me, because of your unhappy personal circumstances: you were desperate for money. Your two month old child died, naturally causing you great distress and you had to have money to pay for the botaki.

You knew what you were doing was wrong and when the wrong-doing was discovered you admitted it to the police. You have now pleaded guilty. Your father has forgiven you and you have repaid to him the $50.00. Ms Hibling says you have spent the last six years worrying that you will go to gaol.

You are now 31 years old: you have 4 children and live with your husband and his relatives at Bonriki. You have no previous convictions.

Ms Beiatau, prosecuting, submitted strongly, the seriousness of the offence. She argued that you should be punished in such a way as to make you realize you have done wrong. She suggested community service. The problem is that, so far as I know, there are no proper arrangements for supervision of those subject to community service orders. I do not regard community services as a satisfactory form of penalty at present in Kiribati.

By the section of the Penal Code under which you were charged the charge must be laid within 3 years of the offence or it is out of time. You were charged within 3 years but the authorities have allowed far more than that time to pass before bringing you before the Court.

I take that into account as well as your plea of guilty, that this is a first offence and that you have repaid the money which you wrongly obtained. You are sentenced to 9 months in gaol but the sentence will be suspended provided that you do not commit in the next two years another offence punishable by imprisonment.

That means that if you do not do anything which is punishable by imprisonment then you will not have to serve this penalty but if you do do anything you are liable to be punished not only for what else you do but also to serve this 9 months in gaol.

Dated the 19th day of June 2001

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE