Republic v Nakau [2001] KIHC 66; Criminal Case 37 of 2000 (20 November 2001)

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

High Court Criminal Case 37 of 2000

THE REPUBLIC

vs

KABOTAU NAKAU

For the Republic: Mr Tion Nabau
For the Accused: Mr Neil Allen

Date of Hearing: 20 December 2001

SENTENCE

Kabotau Nakau: you were found guilty of criminal trespass and of unlawfully performing development on land within a designated area. The first offence has a maximum penalty of three months' imprisonment, the second a fine of up to $5,000.00.

You had been asked many times to leave the land but had refused. You had been moved off the land and gone back to it. Even after you had been convicted you persisted in staying there.

Eventually you left after on 29 October you gave this undertaking.

"If I am released from prison I will not go to the land where I have been living. I will not go there or live thereon. I will not go to live there again without the permission of the Government. I will not resist the removal of my house from the land".

Having given this undertaking, you were released from gaol on bail.

Because as Mr Allen has told me, owing land but not being able to live on it is something not understood by I-Kiribati you should not spend any more time in prison - provided you keep your word and do not return to the land.

Having regard to the circumstances you will now be released on probation on your entering into a bond, without sureties, for two years to keep the peace and to be of good behaviour. Good behaviour means keeping your word, keeping the undertaking you have given not to return to the land.

If you break your word and do return then you will be brought back before the Court and be sentenced for your offences.

Dated the 20th day of November 2001

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE