Republic v Terieta [2003] KIHC 77; Criminal Case 09 of 2003 (5 June 2003)

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

Criminal Case No. 9 of 2003

THE REPUBLIC

vs

IOTEBWA TERIETA

For the Republic: Ms Melissa Kent
For the Accused: Mr John O'Sullivan

Date of Hearing: 2 June 2003

SENTENCE

Iotebwa Terieta: you have pleaded guilty to one count of making a false statement and two counts of obtaining money by false pretences.

Your wife and five of your six children left you apparently early in October 2001. You thought she was with another man. You started to drink. It occurred to you that the other man would get the benefit of her KPF entitlement. So you went to the Civil Registration Office and told them your wife had died. They took you at your word and issued a death certificate. You took the death certificate to the Kiribati Provident Fund and persuaded them, over two occasions, to pay out to you her total entitlement, $405.25.

All this on 16 and 17 October 2001. On the 19^th someone from the KPF was surprised to see your wife alive in the street. When your wife found out what you had done she reported it to the police.

You and your wife quickly reconciled and have had another two children since.

What you did was, as Mr O'Sullivan said, ridiculous. You were sure to be found out. Mr O'Sullivan said that you paid the money back to your wife. What happened to the money after that is not known except that it has not found its way back to the KPF which is entitled to it. Ms Kent reminded me that the KPF will still be obliged to pay out in due course to whomever is entitled.

You live a subsistence life style and I expect have little money. This is your first offence and you have pleaded guilty as soon as you could. The Republic has delayed 17 months before charging you, leaving you wondering all that time what, if anything, was going to happen. These are matters I take into account in your favour.

I have been thinking about what punishment you should have. The penalty for making a false statement is imprisonment for three years and a fine up to $600, for obtaining money by false pretences imprisonment for five years.

The first thing is to pay back the money to the KPF. I shall give you the opportunity within the next three months to do that. Then I shall think again about penalty. If you have paid back the $405.25 the final penalty will be less than if you have not. I must make it clear, though, that paying the money back does not mean I shall not impose any penalty on you, only that it will be much less than if you have not repaid the money.

The hearing of your case will be adjourned to Friday 12 September when you must come back to Court and your lawyer will be able to tell me whether you have paid back the money or not.

You are remanded on bail until Friday 12 September for further consideration of your case.

Dated the 5^th day of June 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE