Republic v Buraieta [2006] KIHC 129; 42-06 (22 November 2006)

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

High Court Criminal Case 42 of 2006

THE REPUBLIC

v

TONGANIBEIA BURAIETA

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Aomoro Amten

Date of Hearing: 20 November 2006

JUDGMENT

Tonganibeia Buraieta is charged with indecent assault:-

Particulars

On 26 June 2006 at Bairiki, Tarawa in the Republic of Kiribati, Tonganibeia Buraieta unlawfully and indecently assaulted Ruuta Taai.

On 26 June Tonganibeia was Clerk to Cabinet. Nei Ruuta was accounts clerk, a member of Tonganibeia’s staff.

Nei Ruuta came into Tonganibeia’s office carrying payment vouchers for his signature. Already in the office was Tamuera Karoroata: he had come to use the telephone. Tamuera and Nei Ruuta began arguing: she had borrowed money from him and had not repaid it. When she came in, Tonganibeia had been looking at his computer screen and swiveled round to take the pvs. Either by accident or design in taking the pvs from Nei Ruuta his hand touched her skirt in the area of her private parts. Nei Ruuta’s argument with Tamuera continued. She left the room, banged the door behind her, held it closed from the outside. A few minutes later she came back to collect the pvs which Tonganibeia had by then signed. She complained to her immediate superior, Nei Tabaina England, Accountant in the Office of the Beretitenti. Nei Tabaina spoke to Tonganibeia on the telephone and he denied that he had done anything wrong.

I set out from my notes the significant facts:-

Nei Ruuta Taai:-

Put his hand on my skirt. My vagina was touched through my clothes. Tamuera beside me. I went out and entered again from the back door. When I went in I got my papers which I had left. I said to him "Nasty man". Apart from touching me on vagina, nothing else ..... I went to Tabaina, my boss and cried.

Tamuera Karoroata:-

Ruuta came in carrying pvs. I was so cross with her as she’d been lying to me: money she’d borrowed. Argument. Saw Ruuta approach with pvs. She was angry with me. An argument with her in accounts office. Nothing happened when Ruuta approached accused with pvs. Saw accused signing pvs. Saw her leaving the room: she left the pvs on his table. She left the room upset because I was arguing with her. She said to me: "I’m going to report you"....... She didn’t scold him: she was angry with me.

Nei Tabaina England:-

She said she’d just come from him. I asked what had happened to her. She wasn’t happy with accused - she didn’t want to take anything to him in future - he had touched her vagina. I called accused - and asked what he had done to my staff as she was crying: he replied, "What happened?" ...... She didn’t say anything about Tamuera ...... He said he didn’t do it.

The accused, Tonganibeia Buraieta:-

Ruuta came in with pvs to sign. Holding pvs in front of her: didn’t give them to me straight away: had argument with Tamuera. Not far from me - Ruuta closer. While they were talking I extended my hand to take the pvs. At the same time she approached me. I missed the pvs and felt I touched her skirt. She gave me the ps. At first I was facing the computer then I turned to take pvs at the same time she was approaching me. A swivel chair. I turned only half way. I missed the pvs. When I had them I started checking them. Tamuera and Ruuta still arguing. "I’m going to tell on you". Thought she was talking to me but when I looked I saw she was still talking to Tamuera. They kept on arguing. Ruuta went out and slammed door, locked it from outside. Five minutes later she came in through other door. Took pvs - I looked and smiled. She said nothing. Didn’t say "Nasty man" but she looked upset.

Tonganibeia said he did not grab her vagina: he did nothing wrong.

On the evidence I could not find the prosecution had proved its case beyond reasonable doubt. Perhaps the accused did make a pass at Nei Ruuta but I doubt it. I could not find that he did even on the balance of probabilities. The strong chances are that the touching of Nei Ruuta’s skirt was an accident.

First, the prosecution witness Tamuera said nothing happened.

Second, it would be an extraordinary and really meaningless thing to do - suddenly and in the presence of a third person.

Third, Nei Ruuta and Tamuera were arguing and Nei Ruuta became upset. Perhaps, but this is speculation, because of her upset she transferred her anger towards Tamuera to Tonganibeia.

The accused is not guilty of indecent assault.

Dated the 22nd day of November 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice