Republic v Teuea [2004] KIHC 87; Criminal Case 05 of 2004 (4 May 2004)

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

Criminal Case No. 5 of 2004

THE REPUBLIC

vs

KANTARAWA TEUEA

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Botika Maitinnara

Date of Hearing: 29 April 2004

SENTENCE

Kantarawa Teuea: you have pleaded guilty to fabricating evidence. That is a serious offence which has a maximum penalty of seven years' imprisonment.

In 1994 you sold a piece of land to N. Titeera for a total price of $4.600.00. In January 2002 you went back to the Court and asked for your name to be registered again on the land. You gave to the Court a letter apparently from N. Titeera agreeing to the transfer back to you of the land and the $4,600 refunded by you to her. The letter had not been witnessed by the Court Clerk or anyone else. Yet the magistrate accepted it and ordered the transfer back to you. You had forged the letter. N. Titeera had not consented and knew nothing of you going back to the Court.

I notice that the Magistrate's order was "The land transfer will be effected when the money has been paid back" to N. Titeera. You did not pay the money back but the transfer to you was made nevertheless.

Then in June 2002 you sold the land again, this time to Nukutabo. Nukutabo has been registered as owner and is in occupation.

Some months after Nukutabo was registered N. Titeera wanted to use the land as security for a loan and your deceit was discovered.

What you did was very wrong. It was not done impulsively on the spur of the moment but deliberately over many months.

You are 45 years old, married with seven children whom you support by working as a shopkeeper.

This is your first offence and you have pleaded guilty. Those things are in your favour. Nevertheless because what you did has affected the rights of other people and was quite dishonest you must go to gaol.

You will be imprisoned for six months. The sentence will run from Thursday 29 April when you went into custody.

Dated the 4^th day of May 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice