Republic v Atera - sentence [2002] KIHC 82; Criminal Case 36 of 2001 (29 July 2002)

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

High Court Criminal Case 36/2001

THE REPUBLIC

vs

TENEA ATERA

For the Republic: Ms Pauline Beiatau/Ms Ruria Iteraera
For the Accused: Ms Emma Hibling

Date of Hearing: 22 & 23 July 2002

SENTENCE

Tenea Atera: you have been found guilty of larceny by a servant. You were a senior officer in the Kiribati Housing Corporation. While you were acting as Lending Supervisor you raised a debit for $235.15 on a customer’s account, had a cheque drawn for the Betio Shipyard, took it to the Shipyard and changed it for cash. Despite my enquiring of Ms Hibling during her submissions on sentencing she was not able to tell me why you did it. However from the evidence at the trial it seems that you were being pressed for money by a KPC group on North Tarawa. The customer against whose account you debited the $235.15 had a loan account with Housing to build a house for the KPC pastor on TabSouth. You told the customer’s husband that you had been using her loan account for the benefit of one KPC group for the benefit of another KPC group. In the absence of any other explanation I shall assume that you took this money to give it to the KPC group on North Tarawa. Even though that group may have been a deserving cause what you, a person in a position of trust, did was quite dishonest.

You are 31 years old and have three children. You own your house here on Betio. You have an extended family living with you and they are financially dependent on you.

You were dismissed by Housing soon after this transaction came to light, not because of it but for some other reason. You have since had a permanent position with the PUB but on a salary not much more than half your salary with Housing.

While employed by Housing you had been studying at the USP extension centre on South Tarawa: you had completed two years of a course in banking and finance: you had a Government scholarship this year to go to Fiji to complete the course. Ms Hibling told me the scholarship is being held over until next year.

You have no previous convictions.

When Mr Lawrence Muller, the Lending Supervisor and your superior officer interviewed you, you admitted what you had done and asked that the amount should be transferred from the customer’s to your loan account. From the enquiries of counsel it does not appear that you have repaid any of the money.

Ms Hibling stressed that the amount of money taken is small: she stressed that you have done something to rehabilitate yourself by getting another job and continuing to study. However much sympathy I may feel, it is necessary to deter people in positions of trust from abusing that trust by taking even only a little money. I have to sentence you to a term of imprisonment.

You will be imprisoned for six months.

Dated the 29^th day of July 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE