Republic v Mikaio [2002] KIHC 95; Criminal Case 08 of 2000 (29 November 2002)

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

Criminal Case No. 8 of 2000

THE REPUBLIC

vs

TABAI MIKAIO

For the Republic: Ms Ereta Bruce
For the Accused: Ms Taoing Taoaba

Date of Hearing: 28 November 2002

SENTENCE

Tabai Mikaio: you have pleaded guilty to two charges of embezzlement as a servant and one charge of fraudulent falsification of accounts. You were in 1997 and 1998 working for the Nikunau Island Council. This meant you received moneys on account of TSKL and the Post Office as the radio operator: you took money in the course of work. The total taken was $693.50. Although there are three charges I regard what you did as one course of conduct between November 1997 and April 1998.

When Ms Taoaba was making submissions for you, you handed over in cash the whole amount, $693.50. Ms Taoaba said you had wanted to repay it earlier but did not know to whom to hand it. The officers of the Republic were not helpful in telling you what to do. You have had over four years to find out: that you now have repaid it is much to your credit but it would have been more so if you had tried to repay soon after the losses were discovered.

You took the money because relatives asked for money. You thought they would repay and you would be able to put it back but they never did repay you. When you knew you were going to be discovered you resigned your job. Since then you have first lived a subsistence lifestyle and more recently have been operating a small store on South Tarawa. Why it took the Republic two years to charge you and why it took another two years to execute a warrant when you failed to appear in court are mysteries.

You are now 34. Your wife died when your two children were young: they are now 17 and 14. Your parents helped you to bring them up.

The Court has often said that when people in positions of trust take money they will be sent to gaol. You must serve some time in prison.

In your favour is that you have pleaded guilty, you have no previous convictions, that you have repaid in full and that it all happened nearly five years ago. I take into account those things and all that Ms Taoaba said for you.

On each charge of embezzlement you are sentenced to four months’ imprisonment, for the fraudulent falsification of accounts to two months’ imprisonment. All sentences to be served concurrently and to date from yesterday when you went into custody.

Dated the 29^th day of November 2002

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE