Republic v Toromon [2002] KIHC 75; Criminal Case 31 of 2001 (10 July 2002)

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

High Court Criminal Case 31/01

THE REPUBLIC

vs

AMINE KATAENANO TOROMON

For the Republic: Ms Ereta Bruce
For the Accused: Mr Aomoro Amten

Date of Hearing: 9 July 2002

SENTENCE

Amine Kataenano Toromon: you have pleaded guilty to three counts of forgery.

You were a police officer based in the computer room. You wrongly issued a number of certificates of competency to drive motor vehicles when you were not authorized to do so.

I was told by the lawyers that a person applies to the local council for a provisional driving licence, a police officer authorized to test then tests the applicant and if the police officer is satisfied of competency he issues a certificate. The certificate is then taken to the Council which issues the licence. Although not authorized to give driving tests you prepared and signed a number of certificates and gave them to your young brother and other relations. When your brother, aged 18, was stopped for speeding and his licence examined, what you had done was discovered.

You are 27, married with three children. You have left the police force and have been teaching at the Betio JSS. Besides your wife and children you also support your parents.

Mr Amten has pleaded for leniency, even a suspended sentence. I cannot give you that. What you did was too serious in three ways. First because it was forgery, quite dishonest. Secondly because you were a police officer from whom the community is entitled to expect a high standard of honesty. Thirdly because it allowed loose on the road people who may not have been competent to drive: this put others at risk. You should serve a term of imprisonment.

However in your favour is that you had no previous convictions – I ignore the convictions you have had since, for acts committed after these forgeries – and that you have pleaded guilty. It was a late plea of guilty but that probably was because the Republic amended at the last minute the charges against you. A person who pleads guilty may expect a less severe penalty.

On each count you are sentenced to five months’ imprisonment.

It was a course of conduct over several weeks. That being so the terms of imprisonment will be served concurrently. They will run from yesterday, 9 July, when you went into custody.

Dated the 10^th day of July 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE