Republic v Keeba [2003] KIHC 72; Criminal Case 08 of 2002 (26 May 2003)

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

Criminal Case No. 8 of 2002

THE REPUBLIC

vs

TIRIATA KEEBA

For the Republic: Mr David Lambourne
For the Accused: Mr Banuera Berina

Date of Hearing: 23 May 2003

SENTENCE

Tiriata Keeba: you have pleaded guilty to 8 counts of forgery and 4 counts of obtaining money on a forged instrument. Forgery has a maximum penalty of 2 years imprisonment and obtaining money on a forged instrument 14 years.

You had been an accounts Clerk with the Ministry of Finance for 6 years and had been working at Parliament House for 2 years. Between 7 July and 18 August 2000 you forged travel claims in the names of 2 members of parliament, forged their authority to you to collect the money and then collected and kept it. You did it on 4 occasions in that period. The total amount you received was $1,470.00. The forged claims were for subsistence allowance while the members were said to be on South Tarawa waiting to go back to their constituencies. The Solicitor General has said that the false claims could have led to great embarrassment for the members concerned.

What you had done was discovered in October 2000. You were put on suspension and have been on suspension ever since - 2½ years awaiting these proceedings and their outcome. It was only last Thursday you pleaded guilty. Up to then you had maintained your innocence.

Mr. Berina has told me there were problems in your family and you needed extra money. You are married with 4 young children the youngest of whom is still breast-feeding. Your husband has no paid employment. You are the member of the family earning income.

Since your suspension you have been at Teacher's College training to be a teacher. You were due to finish the course at the end of the year with a view to teaching at a JSS. Whether you will be able to finish the course or to teach after you have been in gaol is doubtful.

You are a tennis player and were due to go to Suva as a member of the Kiribati team at the South Pacific Games. You have lost that opportunity now.

This is your first offence. You have pleaded guilty. It was a late plea and so does not mean as much a reduction in sentence as if you had pleaded guilty earlier but the plea still deserves some reduction. You have – through no fault of yours - had this hanging over your head now for more than 2½ years. The first charges were not laid until February 2002.

These things that they are your 1^st offences, your plea of guilty, the anxiety you have had for so long and your family situation, I take into account in your favour.

Nevertheless, what you did was very wrong, a breach of trust. Inevitably you must serve a term of imprisonment. On each count of forgery you are sentenced to 4 months imprisonment: on each count of obtaining money on a forged instrument you are sentenced to 8 months imprisonment. All terms are to be served concurrently. This means you will be in gaol for 8 months in all. The terms will run from last Friday 23 May when you went into custody.

Dated the 26th day of May 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE