Republic v Iakopa [2003] KIHC 83; Criminal Case 11 of 2003 (7 July 2003)

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

Criminal Case No. 11 of 2003

THE REPUBLIC

vs

JAMES IAKOPA

For the Republic: Mr Tion Nabau with Ms Melissa Kent
For the Accused: Mr Banuera Berina

Date of Hearing: 7 July 2003

JUDGMENT

The accused, James Iakopa, pleaded not guilty to indecent assault.

During the early evening of 9 October 2001 the alleged victim, Nei Tara Tebau, then aged 14, was with another girl at the Bairiki wharf. They went from one bar to another. At Pele's bar they met the accused and his friend Turutana. The two girls went in a car with the two boys. At Nauru Park they all got out of the car. Nei Tara and the accused were together.

According to Nei Tara in evidence in chief (I summarise) James made her lie down, told her to take off her pants, lay on top of her and touched her breasts. She was able to get away from him, went to a nearby house and the police were called.

In cross-examination Nei Tara admitted that she lied to the police. Her father was with her as she gave her statement and she was afraid of his anger if she told what really had gone on. I assume that her evidence in chief is what she told the police.

In fact she and James were kissing when she heard a scream: she thought something awful was happening to her friend, Nei Kabure: she ran away to the house and the police were called.

In re-examination Mr Nabau attempted to salvage his case but failed. I told him that after the cross examination I could not be satisfied beyond reasonable doubt of the guilt of the accused. He did not call any other evidence.

I found the accused not guilty.

Dated the 7^th day of July 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE