Republic v Rineta - Judgment [2006] KIHC 125; 43-06 (8 November 2006)

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

High Court Criminal Case 43 of 2006

THE REPUBLIC

v

UTIMAWA RINETA

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Aomoro Amten

Date of Hearing: 8 November 2006

JUDGMENT

Utimawa Rineta, a boy of 17, had been drinking at the Royal until the early hours of Saturday 10th June. On his way home to Takoronga he passed the Wishing Star Store. He went inside, was disturbed, ran away with a cash box.

Utimawa was charged on two counts, house-breaking and committing a felony and larceny. He pleaded not guilty to count 1 and guilty to count 2.

[On the morning of trial Ms Iteraera applied to add a third count, destroying properties. Mr Amten opposed the application. I refused it for the reasons I gave in The Republic v Hee Joong Yoon, Capt Sugun Yun and David Pine (HCCrC 9/06].

The only question to be answered is whether the accused broke into the store or whether it had been left unlocked and he simply walked in. The prosecution needed to prove beyond reasonable doubt that there was a breaking.

The store has two sets of doors facing the road. One set is of iron, the other double wooden doors. Utimawa got in through the wooden doors.

Two sisters, Kit-Ar Tung and Kit-Nar Tung, gave evidence. They both deposed to having, the evening before, at about 9 o’clock or 10 o’clock, secured the store for the night. Kit-Ar said:-

Closed all store doors, turned off the fan and the lights.

Her younger sister, Kit-Nar:-

Switched off lights, checked on doors that they securely locked. The iron door locked by sister. The other door is not really locked with a pad lock: only locked with a slide bolt. Wooden door- I checked it myself. I touched the bolt. I was sure it was locked: touched the door. Double wooden door. Two sliding bolts: one at the top, other in middle..... checked door - sliding bolt had fallen off. Middle one. The other slide bolt on top. I saw him rush into door and push it away. Other damage - crack on door ....... Crack right about middle slide bolt.

The sisters’ evidence is that the doors were locked. Their evidence is, to an extent, confirmed by Detective Constable Tentai Angiraoi.

Utimawa gave evidence in his own defence. He denied he damaged the door: he simply pulled it open:

Went inside. Didn’t break door. Door open. I pulled the door and it opened. I didn’t close door after I went in: left open...... I didn’t damage door ..... Door was partly open and I managed to escape.

I have no reason not to accept beyond reasonable doubt the evidence of Kit-Ar and Kit-Nar that the store was secured, especially that the wooden door was secured by the two slide bolts.

Being charitable to Utimawa, perhaps when he pulled the door open he did not realize that he had broken off the female part of the middle slide bolt, had damaged it. Damaged the door was and Utimawa must have done the damage. He must have caused it on the way in and not on the way out. If he had done the damage on the way out he could not have come in, as he admits he did, through a secured door.

Even the slightest damage done on entry is a breaking. The prosecution has proved beyond reasonable doubt that Utimawa broke into the Wishing Star Store.

Utimawa is guilty of house-breaking and committing a felony.

Dated the day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice