Republic v Biira [2005] KIHC 69; 14-05 (24 August 2005)

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

High Court Criminal Case No. 14 of 2005

THE REPUBLIC

vs

WILLIAM BIIRA

For the Republic: Ms Olga Guillen with Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Dates of Hearing: 23 August 2005

SENTENCE

William Biira: on your arraignment at the beginning of your trial you pleaded not guilty to indecently assaulting a 15 year old girl. The victim was the first prosecution witness. After she had finished her evidence Mr Amten asked that you be arraigned again. You pleaded guilty. I cannot but suspect that you had been hoping the victim would not give evidence and the case against you would collapse. Whether that is correct or not the fact is that the young girl had the unpleasant and upsetting experience of having to tell publicly in court what you had done to her. For that reason I give you very little credit for pleading guilty: it was too late a plea.

On 22 may last year the victim went to a night club. She was wearing a shirt and lava-lava. She left with friends after midnight. She wanted to go to Eita. Her friends did not take her there. You were driving your truck and were carrying other people. She hailed you and you picked her up. To allow someone she did not know to give her a lift in the middle of the night was extremely foolish but she said you looked reliable. At first she was in the back with the others. You later had her sit in the front with you. You dropped off all the others and said you would drop her off at Eita on your way back. She went to sleep. Some hours later she woke up to find you indecently touching her.

You had driven up to Bonriki and had stopped the truck within the confines of the air strip. You were lifting her off the passenger seat. She begged you to drop her off at her house. You said you would but not before she had had sex with you. She resisted saying she was a virgin and would rather you killed her. You said you would kill her but after having sex. You lifted her shirt and sucked her left breast. She cried. You were angry and took out a hefty stick from behind the seat. You threatened to hit her on the head. She pretended to comply, got into the back of the vehicle but was able to run away. You shouted, “If I catch you I will give you a beating”. You caught her and threw her to the ground. Mercifully a police vehicle appeared. You told the police to leave as the girl was your wife. They did not believe you and the girl was rescued.

That is what the victim told me. Her evidence was not challenged in cross examination. The evidence is of a very serious case of indecent assault. The only thing in your favour was her foolishness in getting a ride from you. This may have encouraged you to believe she would consent to having sex with you. To the contrary was the difference in your ages. – you were 53, she 15. You used force and threats. When interrupted you lied to the police saying she was your wife.

Your excuse for this disgraceful conduct was that you were drunk. You and a friend had been drinking during the preceding day and you kept on drinking even while driving the vehicle. Mr Amten told me you remember nothing of what you did to the girl. Yet on the girl's evidence you were acting quite deliberately.

Mr Amten said you went twice to apologise to the family.

Your home island is Onotoa. You have lived on Tarawa for 20 years. You are married and have eight children. You and your wife separated after this happened. You had the business of hiring out the truck but have been living a subsistence life style since separating from your wife. You still have three children at school and have been responsible for their school fees.

You have only one previous conviction, drunken driving in 1998 when you were fined $20.00. I disregard that.

What you did requires a substantial term of imprisonment both to punish you and to deter others from acting in this way.

You will be imprisoned for two years and six months, the term to begin from yesterday, 23 August when you went into custody.

Dated the 24^th day of August 2005

THE HON ROBIN MILLHOUSE QC
Chief Justice