Republic v Tekaie - Sentence [2007] KIHC 76; Criminal Case 08 of 2007 (17 April 2007)

In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case No. 8 of 2007

The Republic

v

Natannara Tekaie

For the Republic: Mr David Lambourne, Solicitor General
For the Accused: Mr Karotu Tiba

Date of Hearing: 16 January 2007

SENTENCE

Natannara Tekaie: you have pleaded guilty to indecent assault.

It happened about 7 o’clock in the morning of 1st March at Buota. The victim, a member of the Peace Corps was on the beach and meaning to walk to catch a bus. Mr Tiba said you were there to collect your nets in the lagoon. You were a bit drunk. The lady asked you for directions. You led her into the mangroves. You assaulted her roughly. She resisted and attempted to scream. You throttled her and threatened to hit her. You pushed her to the ground, pulled off her shorts, took off your lavalava, kissed her on the mouth and breasts. You rubbed your penis against her genitals.

You took her to another place under a pandanus tree. She screamed when she heard noise. You tried again to throttle her. Two boys rescued her. You ran away.

On examination she was seen to have multiple superficial lacerations to her head, marks consistent with attempted manual strangulation to her throat and multiple abrasions to her arms, back on left buttock.

This was a most serious indecent assault. Made worse, as the Solicitor General pointed out, by being committed on a visitor to Kiribati, a member of the Peace Corps.

You are 38 years old, married with two young children and live a subsistence lifestyle. Your wife works as a bus conductress. You say you thought the lady was consenting to your advances. In the light of her resistance and your roughness in attempting to overcome her resistance I cannot see how you possibly could have thought that.

The only things in your favour are that you have no previous convictions and have pleaded guilty. I take them into account.

You will be imprisoned for two years.

Dated the 17th day of April 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice