Republic v Kaakati & Marewentebuke - Sentence [2007] KIHC 61; Criminal Case 57 of 2006 (23 February 2007)

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

High Court Criminal Case No. 57 of 2006

THE REPUBLIC

v

BWARAIRAI KAAKATI
ARONA MAREWENTEBUKE

For the Republic: Ms Pauline Beiatau
For the 1st Accused: Ms Joelle Grover
For the 2nd Accused: Mr Stephen Earl

Date of Hearing: 20 February 2007

SENTENCE

Bwarairai Kakati: you have already twice been sentenced in this Court. In March 2000 you were given a seven year term of imprisonment for manslaughter. Less than three weeks ago you were sentenced to life imprisonment for murder. The murder was committed in September 2006. You have now pleaded guilty to causing grievous harm and to criminal trespass in June 2005.

You are still for another month on parole for the manslaughter. The period before which you can be paroled for the murder is 10 years.

What you did in this case are in my reasons for finding Arona Marewentebuke, who was charged with you, not guilty. What is not in my reasons are a description of the very severe injuries which you inflicted on the victim. Dr Ioanna Beiatau who saw him soon after gave evidence of them:

He had a black eye. Lacerations on scalp: really sick: nearly died of shock because of loss of blood – came from head injuries. Stitches in the scalp: (saved his life) blood pressure low.

You are 38 years old, married with five children under 15. Ms Grover read out a statement you have made expressing remorse. You say your family and the victim’s are now reconciled. There had been bad blood between you. The victim and his family have accepted an apology.

Yet this is your third conviction for a serious crime of great violence. On the other hand you did plead guilty and that brings a reduction in penalty.

As you are serving a life sentence all I can do is to sentence you to terms of imprisonment to be served concurrently with the life sentence.

For the criminal trespass you are sentenced to three months’ imprisonment.

For causing grievous harm you are sentenced to five years’ imprisonment.

Dated the 23rd day of February 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice