Teitia v Republic [2003] KIHC 16; Criminal Appeal 20 of 1994 (13 January 2003)

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

HIGH COURT CRIMINAL APPEAL 20 OF 1994

BETWEEN:

IATINTA TEITIA
APPELLANT

AND:

THE REPUBLIC
RESPONDENT

FOR THE APPELLANT: MS EMMA HIBLING
FOR THE/RESPONDENT: MR TION NABAU

DATE OF HEARING: 13 JANUARY 2003

JUDGMENT
(Ex Tempore)

In 1994 the appellant was a typist for the Island Council. A single magistrate was sitting in a building adjoining the Council offices. People in the Council office were making a noise disturbing the deliberations of the court. The Single Magistrate called in the appellant and told her to tell those in the Council Office to be quiet. On the appellant omitting to convey this direction, the magistrate called her in again and purporting to act under S.31 of the Lands Code, fined her $10.00 in default imprisonment for 14 days. An example of shooting the messenger. The appellant appealed. Thankfully she neither paid the fine nor served the 14 days.

The action of the Single Magistrate was misconceived. The terms of S.31 shew clearly that it is disobedience with a formal order of a court made in regular proceedings, which may be punished. A judicial officer telling someone to convey a message is not a formal order. S.31 was irrelevant.

Not only was the Single Magistrate's action misconceived, it was quite unjust. He was being judge in his own cause and he gave the appellant no time to defend herself,

What the Single Magistrate should have done was to call in the offenders, warn them and if they persisted with the noise, deal with them for contempt of court.

Mr Nabau has very properly and readily conceded the appeal.

Appeal allowed and the order of the Single Magistrate quashed,

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE