Republic v Akeriita [2004] KIHC 264; Criminal Case 62 of 2004 (1 December 2004)

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

High Court Criminal Case No. 62 of 2004

THE REPUBLIC

vs

TEAKAI AKERIITA

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Taoing Taoaba

Date of Hearing: 29 November 2004

SENTENCE

Teakai Akeriita: you have pleaded guilty to a very serious offence of defilement of a girl under the age of 13 years old. The offence attracts a very heavy penalty of life imprisonment.

What you did was that on 15 March 2002 at Tamana Island you took Nei Eriin Teeruo, your stepdaughter from your present wife Nei Tekeraoi Teeruo, to a certain place in Tamana called Abaora where you have your toddy trees, and there you had sexual intercourse with her.

At the time you had intercourse with Nei Eriin, she was only 11 years old. After this incident of 15 March 2002 but during the same year of 2002 you also had for the second time sexual intercourse with Nei Eriin also on Tamana at the airport at Barebuka village.

After these two incidents Nei Eriin remained tied-lipped about these two incidents of sexual encounters with you.

But some time later she could no longer keep her secret to herself as by this time she realizes she was pregnant and thus she broke the news and told her sister Ruumeta and others that you had made her pregnant.

I am told that you are aged 51, unemployed, live a subsistence life style, presently married to Nei Tekeraoi Teeruo after her late husband died. Nei Tekeraoi had four daughters from her previous marriage and Nei Eriin is one of those daughters and she is the third eldest daughter out of the four.

I am also told that before you married Nei Tekeraoi, you promised her that you would treat her four daughters from her previous marriage including Nei Eriin as if they were your own daughters.

I am also told that you have now fathered two children from Nei Tekeraoi namely a son aged two and a daughter aged nine months.

I am also told that in September 2003 you voluntarily left Tamana Island and came to South Tarawa. And whilst in South Tarawa you generally support yourself by regularly going out fishing and sold whatever fish you caught and do not need and any money you made by selling such fish you sent back to Tamana Island to help support your wife and children.

I now come to consider the aggravating features of the serious and disgusting offence which you had committed.

Nei Eriin is your stepdaughter. You are a father image to her. She looks up to you as a father. You are her world; she entirely depended on you for life, protection and security against bad men in this world.

What makes your offending in the present case even worse is the fact that you are a mature man of 51 years old whilst Nei Eriin is a mere 11 year old girl as compared to your position as a matured man. Further you also had sexual intercourse with Nei Eriin for the second time at the airport at Barebuka village also in Tamana.

In your favour on the other hand is the fact that you had admitted the offence to the police during investigation and had pleaded guilty at the earliest opportunity available and thus had saved Nei Eriin – the victim – the terrifying experience of testifying in court had there been a full trial. The plea of guilty will have the effect of a lesser sentence than otherwise.

Further you are first offender and again this is in your favour and I thus regard you as a man of good repute in the community of Tamana Island.

I also note that you have not applied physical force nor caused any injuries to Nei Eriin apart from the act of sexual intercourse itself.

However I still regard the crime of defilement of a girl of 11 years old as a very serious crime.

So considering all the circumstances in and facts of the instant case including the precedents as presented by the prosecution I consider that the appropriate sentence under the circumstances is a custodial sentence. I therefore sentence you to imprisonment for a term of three years and nine months commencing from today’s date of 1st December 2004.

Dated this 1st day of December 2004

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
Judge