Republic v Taarau [2002] KIHC 86; Criminal Case 04 of 2002 (18 September 2002)

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

High Court Criminal Case 4 of 2002

THE REPUBLIC

vs

TEBOKOO K TAARAU

For the Republic: Ms Pole Tebao
For the Accused: Ms Batitea Tekanito

Date of Hearing: 13 September 2002

SENTENCE

Tebokoo K Taarau: you have pleaded guilty to refusing without lawful excuse to obey a direction issued by the Port Master at Betio. The direction was to move FV Tebenebene from where it was berthed in the dock. You were the Master of the vessel.

Ms Tekanito told me the reason you refused. You knew from previous experience if you took the vessel out of the dock it was likely to be damaged because the wind was blowing up. You wanted to protect your employer’s interest in the safety and condition of the vessel.

Mr Tekanene conceded that there was a risk of damage if it were windy. The only reason why the authorities wanted FV Tebenebene moved was to get on with renovation of the dock.

Those are the only facts about the incident I have been given. So it is on those facts I have to consider penalty.

You have admitted a technical offence. I wonder, though, whether you may have had a defence in that you had a lawful excuse for not moving the vessel.

Perhaps there are other facts about which I have not been told.

You have no previous convictions.

On what I do know you should not be penalized at all.

Accordingly pursuant to s. 38(1) of the Penal Code I do not record a conviction. I dismiss the charge absolutely.

Dated the 18^th day of September 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE