Ukenio v Republic [2007] KIHC 1; Criminal Appeal 01 of 2007 (5 January 2007)

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

High Court Criminal Appeal 1 of 2007

BETWEEN:

TEURAKAI UKENIO
Appellant

AND:

THE REPUBLIC
Respondent

For the Appellant: Ms Taoing Taoaba
For the Respondent: Mr David Lambourne, Solicitor General

Date of Hearing: 5 January 2007

JUDGMENT
(Ex Tempore)

There is some urgency in this matter as the appellant intends to go to Fiji. Ms Taoaba in place of Mr Amten, has asked for an adjournment today. From discussion with counsel it seems that the ground of appeal Mr Amten intends to argue is that the High Court having ordered a retrial that makes the proceedings fresh and so out of time – more than six months from the time the offence was committed. That argument must fail. The order of the High Court was for a retrial of the same proceedings and these proceedings were commenced well within the six month limit.

The appeal is dismissed.

THE HON ROBIN MILLHOUSE QC
Chief Justice