Republic v Tekabu [2004] KIHC 43; Criminal Case 36 of 2003 (8 March 2004)

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

High Court Criminal Case No. 36 of 2003

THE REPUBLIC

vs

TETEKI TEKABU

For the Republic: Ms Pole Tebao & Ms Eveata Maata
For the Accused: Ms Jacqueline Huston

Date of Hearing: 5, 6 & 8 March 2004

SENTENCE

Teteki Tekabu: you have been found guilty of reckless driving causing death.

It was a dreadful accident. In the early evening, a bit after dark, on Friday 20th September you were driving a left hand drive pick-up towards London on the main road. You ran down from behind a cyclist riding in the same direction on the left hand side of the road. He was killed. You must have been going very fast – the dead man’s injuries and the damage to the bike shew that – and not keeping a proper look out.

No one else was about. Although you say you got out of the pick-up, you did not go over to the man but drove home and called the police. With the police you were back at the scene within a few minutes. You should at least have gone over to the victim to see if you could do anything immediately to help.

From then on, though, you did everything you could to express remorse and regret. The body was brought to your house, you paid for the funeral. The victim’s wife is your aunt.

You are 23 years old, married with two children. You help to support an extended family. You have been earning $120 per fortnight working for Kiribati Supply. You have two previous convictions but they are for offences of a different kind and I ignore them.

Ms Huston asked that I suspend any sentence of imprisonment. I do not feel able to do that. Parliament regard the offence so seriously as to make the maximum penalty life imprisonment and there are no special circumstances in your case justifying suspension.

You are sentenced to six months’ imprisonment.

As I must, I also suspend your driving licence until further order.

Dated the 8th day of March 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice