Republic v Tetangira [2003] KIHC 118; Criminal Case 26 of 2003 (21 October 2003)

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

Criminal Case No. 26 of 2003

THE REPUBLIC

vs

TAIA TETANGIRA

For the Republic: Mr David Lambourne, Solicitor General
For the Accused: Mr Aomoro Amten, People's Lawyer

Date of Hearing: 21 October 2003

JUDGMENT

Taia Tetangira: you have pleaded guilty to conversion. In the morning on 5 March 2002 you as a member of the executive committee of the Betio Parish, were given $2,500 in $50 notes from the Saunaine women's group. The money was to be used for the purposes of the Church.

You began drinking during the day and eventually got mixed up with loose women. You estimated you spent, as well as your own money, $250.00 of the $2,500 entrusted to you. You and the women went to the Seamen's Hostel and took a room there. It's a story as old as Man: when you woke up the women and the money had all gone.

You had behaved very discreditably drinking, fooling about with bad women and losing the Church's money. You ought to feel ashamed of yourself.

The women's group has a judgment against you for $2,500. You have agreed to pay it off at the rate of $50.00 per month. You have made two payments. Mr Amten says you stopped paying when you were charged because you were confused. You have a legal obligation to go on repaying until you have repaid the whole of the $2,500.

You are 32 years old, married with a 4-year old daughter. You are a sub-contractor by occupation. You have no previous convictions. You have pleaded guilty.

The Solicitor General unusually suggested that you should receive a short sentence of imprisonment, suspended. Mr Amten adopted the Solicitor General's submissions.

You will be imprisoned for three months. The term of imprisonment will be suspended on your promising to be of good behaviour for the next 18 months.

What it means is this. If you do not commit another offence in the next 18 months then you will not have to go to gaol to serve this three months. If you do commit another offence in that time then you will be punished for it and be liable to go to gaol for this three months as well.

Do you understand?
Do you agree?

Dated the 21^st day of October 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice