Republic v Uaai [2004] KIHC 198; Criminal Case 37 of 2004 (3 August 2004)

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

High Court Criminal Case No. 37 of 2004

THE REPUBLIC

vs

TEBUAI UAAI

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Jennifer Troup

Date of Hearing: 20 July 2004

SENTENCE

Tebuai Uaai: you have been convicted of wrongful confinement and common assault.

About 7 o’clock in the evening on the Monday in Holy Week, you persuaded an 18 year old young lady, a student at St Louis High School and in school uniform, to get into your car, saying you would take her home. She soon wanted to get out and told you so but you would not let her. She opened the door on one occasion to get out and you touched her on the thigh. You shewed the intention of taking her to the Ambo Club or the Hotel, or may be both, to drink. She got out only when you stopped at a store. Even then you tried to get her into the car gain by taking her bag. She was frightened and upset.

That is a summary: the facts are set out in my reasons for convicting you.

You are 49 years old, now the MP for TabSouth. Previously you worked in the Office of the Beretitenti. You are married and have a very young child. You have other, older children. You have no previous convictions.

Taking advantage of a young woman who sufficiently trusted you to get into your car and keeping her there against her will was very bad conduct indeed for anyone, MP or otherwise.

Ms Troup has reminded me that if you serve any part of a custodial sentence you will lose your seat in Parliament. That will be a very severe penalty. Ms Beiatau, the prosecutor pressed for a term of imprisonment stressing that you, an older man, were in a position of trust and abused the trust.

Ms Troup asked for a suspension of any term of imprisonment. I do not feel able to do that. There are no circumstances – not even the loss of your seat in Parliament – which would justify suspension.

Despite the very severe consequences for you, your conduct was so bad that you should be imprisoned for it. The maximum penalty for wrongful detention is one year’s imprisonment or a fine of $400. You will be imprisoned for four months. The term will run form 23 July when you went into custody.

As for the common assault, there is a conviction but will be no penalty.

Dated the 3rd day of August 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice