Republic v Taungea - sentence [2006] KIHC 46; Criminal Case 49 of 2005 (2 March 2006)

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

High Court Criminal Case No. 49 of 2005

THE REPUBLIC

vs

KURIN TAUNGEA
TUMERA IONA
BITAKARAWA IONA
OKA KIRIATI
TATAUA KAIRURU
TOROMON TABWAKETI

For the Republic: Ms Olga Guillen
For the Accused: Mr Karotu Tiba

Date of Hearing: 1 March 2006

SENTENCE

Kurin Taungea, Tumera Iona, Bitakarawa Iona, Oka Kiriati, Tataua Kairuru and Toromon Tabwaketi: you have all pleaded guilty to assault occasioning actual bodily harm. As you took part in the same assault, I shall treat you all in the same way. On 2 August last year on Tamana Island a youth soccer competition was held. You come from Barebuka village. The team from your village was playing. You were watching, supporting your team. A fight broke out on the field between two opposing players, one of whom was B’aitau Tibereta, the gaol keeper for the team playing against yours. You all ran on to the field and assaulted B’aitau. Even when he fell to the ground you kept on hitting and kicking him. He became unconscious. Afterwards he was examined by the nursing officer who reported: “shoulder pain?? Dislocation, pain at back (right side) ribs (painful when breathing), swollen at left eyebrow, right side of forehead and left cheek (punched/hit by blunt object – fist). Complaining of headache. Pain at clavicle (swollen). Patient is conscious, responding well”. It was a nasty attack of B’aitau. You are all mature men and must have lost your senses. You should know better than to lose control like that.

Three unimane from your village and the pastor offered an apology directly to B’aitau. He accepted the apology. Two weeks later everyone participated in a reconciliation feast and shook hands. B’aitau has recovered fully. Earlier this month he wrote a letter asking that the charges against you be dropped. He wrote:-

I wish to withdraw my complaint. I request this since an apology has been conveyed to me by the minister and people of the island as a whole, on Tamana and I wish this case not to be raised to court, or what else this complaint should go to.

The authorities did not have to take any notice of B’aitau’s request and have not. They have brought you all to court. Charging you is justified because what you did was seriously wrong. Sporting events are sporting events and should never become the cause of violence, completely unsporting behaviour.

Very much in your favour and leading to a lighter penalty then otherwise is that none of you has any previous convictions, you all pleaded guilty as soon as you could, your apologies have been accepted and there has been reconciliation.

You are each sentenced to nine months’ imprisonment but the sentences will be suspended for each of you if each will separately promise to be of good behaviour for the next 12 months.

If you do not commit any other offence in the next 12 months then you will not have to serve this nine months in gaol. If you were to commit another offence in the next 12 months, then you would be punished for it and be liable to serve this nine months as well.

Do you understand that?

Do you promise to be of good behaviour for the next 12 months?
[Each answered that he understood and each gave a promise.]

Dated the 2^nd day of March 2006

THE HON ROBIN MILLHOUSE QC
Chief Justice