Republic v Nonouri [2002] KIHC 83; Criminal Case 18 of 2002 (14 August 2002)

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

High Court Criminal Case 18/02

THE REPUBLIC

vs

IENRAOI NONOURI

FOR THE REPUBLIC: MS PAULINE BEIATAU
FOR THE ACCUSED: MS BATITEA TEKANITO

DATE OF HEARING: 13 AUGUST 2002

SENTENCE

Ienraoi Nonouri: you have pleaded guilty to embezzlement. That is a crime which carries a maximum penalty of 14 years’ imprisonment. You were treasurer of the Butaritari Island Council but it was not in that capacity that you took the money. You were also the Radio Operator and Postal Officer: you had been from May 1995. You took $828.90 in the five weeks between 1 April 2001 and 13 May 2001 when it was discovered on a special audit. I asked Ms Tekanito what possessed you to do such a stupid and dishonest thing. She told me that you, the breadwinner in the family, had had two funerals – those of your father and your wife’s father – in the few months beforehand.

You are 38 and have seven children between 15 and five years old and the school fees had to be paid.

The Island Council repaid to TSKL and to the Post Office the money you had taken. Ms Beiatau told me that you have so far repaid to the Council all but $132.85. This is much to your credit. Also to your credit is that until you came to Tarawa to face this charge you had continued as a special constable.

This is your first offence, you admitted it and you pleaded guilty. All these things go to reduce penalty. Ms Tekanito accepted that you must be sentenced to a term of imprisonment but asked that it be suspended.

However much sympathy I may feel for you I cannot suspend the sentence. The Court has many times said that unless there are special circumstances anyone in a position of trust as you were, who takes money from his employer must serve a sentence of imprisonment. There are no special circumstances in your case. People must know that if they act in the way in which you did, they will go to gaol.

Taking into account all in your favour the sentence of imprisonment which you must serve is three months. It will date from yesterday when you went into custody.

Dated the 14^th day of August 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE