Republic v Teiwaki - Judgment [2006] KIHC 113; 38-06 (16 October 2006)

IN THE HIGH COURT OF KIRIBATI
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 38 of 2006

THE REPUBLIC

v

TOKATAAKE TEIWAKI

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Karotu Tiba

Date of Hearing: 16 October 2006

JUDGMENT

The accused has been charged with indecent assault:-

Tokataake Teiwaki on 4th day of February 2006, at Bonriki International Airport on the island of South Tarawa in the Republic of Kiribati, indecently assaulted Nei Taoia Atarake.

On the 4th February, a Saturday, Nei Taoia, a young married lady aged 22, was serving on a food stall at Bonriki airport. The accused who was drunk, came up to her and asked for a cigarette: she refused to give him one as he had no money. He went away but returned asking for a match or a lighter. Again Nei Taoia refused. The accused then asked for the use of her own lighter. When she again refused the accused touched her on the thigh and ran his hand up to her bottom and gave it a squeeze. She was angry and rebuked him: she is a married woman. The accused said there was nothing wrong with what he had done as her husband was dead. [This is not correct: her husband is alive]. Nei Taoia went to the police, complained and the police arrested the accused.

That is the summary of the evidence the two witnesses for the prosecution, Nei Taoia and Nei Kaitiman Timon. Nei Kaitiman is only 13 but she appeared a mature girl. I accept beyond reasonable doubt the evidence of both witnesses as accurate.

The accused, on the other hand, who, to his credit, gave evidence, said:-

Came back to ask for a match: she said she had no match. I was sitting beside her and talking to her. Because I was so drunk I can’t really remember what happened: only remember I was talking to her. Surprised when police officers came.

He went the next day to see her at the airport, was told what he had done and apologised.

The prosecution produced the evidence of two credible witnesses. The accused cannot remember much of what happened.

The accused touched the young lady on the thigh, moved his hand further up and squeezed her bottom. That was an assault. I have no doubt, because of the conversation between them, that it was an assault accompanied by sexual overtones: it was an indecent assault.

I find the charged proved beyond reasonable doubt. The accused is guilty of indecent assault.

Dated the day of October 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice