Republic v Bwatio [2004] KIHC 199; Criminal Case 42 of 2004 (4 August 2004)

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

High Court Criminal Case No. 42 of 2004

THE REPUBLIC

vs

KAIETANO BWATIO

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Date of Hearing: 2 August 2004

SENTENCE

Kaietano Bwatio: you have pleaded guilty to indecent assault.

You are 16 years old and were a student at William Goward High School. On Tuesday 6 April after school you and some of your friends went and drank sour toddy. I was surprised and disappointed to know that students at a respected High School like William Goward should be drinking alcohol. I don’t know about the others but you were affected by what you drank. It was probably the reason why you interfered with the little girl. I was told that when you went to the victim’s house you were after a smoke. A school boy of 16 should neither smoke nor drink. Mr Amten told me you have had no alcohol at all since this happened. If you want to be a good citizen in the future and a decent man, you would be wise never to drink alcohol again.

When you left your friends on that afternoon you went home. Your father was annoyed at your condition and sent you away. You went to the little girl’s family as you knew them but they sent you away, too. Somehow, though, the little girl came out of the house and you took her into the bushes, took off her panties and inserted your finger in her vagina. It went in two inches or less. The medical report shews that she had a tear about 2 cm long and ½ cm deep. She cried. You took her home and stayed long enough to have a drink. Her mother discovered the injury when she gave the little girl a wash.

The next day, your father who was very angry with you for bringing shame on the family, told you what had happened. You admitted to the police what you had done.

It was a very dreadful thing to do to a 4-year old girl. You as a boy of 16 should have been looking after and protecting her, not molesting her.

I take into account that this is your first offence and that you have pleaded guilty. These things mean a lesser sentence than otherwise. I also take into account what Mr Amten put in making a plea for you. I disregard, at his request and Ms Iteraera’s, the question of an apology: whether an apology was given to the victim’s family and whether it was accepted.

This was so serious an indecent assault that you must go to gaol for it. If you were older and had not pleaded guilty the term would be longer. There can be no question of suspending the sentence. There are no circumstances justifying it and everyone, but especially young men must know that conduct like this means going to gaol.

You will be imprisoned for nine months. The term will start from 18 June when you went into custody.

Dated the 4th day of August 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice