Republic v Tooma - sentence [2006] KIHC 44; Criminal Case 21 of 2005 (2 March 2006)

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

High Court Criminal Case No. 21 of 2005

THE REPUBLIC

vs

IEKERUA TOOMA

For the Republic: Ms Olga Guillen
For the Accused: Mr Glenn Boswell

Dates of Hearing: 20 & 21 February 2006

SENTENCE

Iekerua Tooma: you have been convicted on two counts of fraudulent falsification of accounts and two counts of forgery. The facts are in my reasons for convicting you. Mr Boswell told me you say that you did not take the money, the loss of which must have been the reason for the falsification and fraud. The Republic did not go on with a charge of embezzlement. In sentencing I must accept your denial that you took the money.

You were an Island Council clerk, a position of great responsibility and trust. You did things which were dishonest and a breach of trust. A person in a position of trust who acts dishonestly must expect a term of imprisonment.

You have no previous convictions. That is in your favour and will mean a lesser penalty than otherwise.

You are 37: your wife is 22 and you have a baby daughter. You had been a Council Treasurer or Island Clerk for 11 years. You are not now working and live at Temaiku on South Tarawa.

On each count of fraudulent falsification of accounts you will be imprisoned for three years. On each count of forgery you will be imprisoned for 10 months.

As the offences were part of the same course of conduct, the sentences will be served concurrently and run from yesterday, 1 March when you went into custody.

Dated the 2^nd day of March 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice