Republic v Karaiti [2008] KIHC 32; Criminal Case 20 of 2008 (19 August 2008)

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

High Court Criminal Case 20 of 2008

The Republic

v

Katiebwa Karaiti

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Giles O’Brien-Hartcher

Date of Hearing: 19 August 2008

JUDGMENT

Another application to stay criminal proceedings. The applicant is the accused Katiebwa Karaiti. He has been charged with serious offences, rape and assault occasioning actual bodily harm. The grounds:-

1. The offence was allegedly committed on 26 April 2006 on TabNorth.
   
2. The next day, on 27 April 2006, the victim gave her statement to the police.
   
3. The following day, on 28 April 2006, the accused was spoken to, a caution statement was taken, and no charge appears to have been laid.
   
4. The evidence of various witnesses was gathered over the next seven days. The last witness statement was taken on 3 May 2006.
   
5. A week after the incident occurred, the Police investigation was complete.
   
6. A charge was not laid by prosecutor in this Court until
   24 March 2008, 23 months after offence allegedly committed.
   
7. The matter was first mentioned in Court about two years after the alleged offence was committed. The accused appeared on remand.
   
8. There is considerable delay in bringing the proceedings against the accused, and his ability to defend the charge has been prejudiced by that.
   

Unfortunately the application is not supported, as it should have been, by affidavit but Ms Beiatau has not taken issue with the facts. The Court therefore accepts them.

Ms Beiatau has frankly admitted that the delay has been with the Attorney General and his officers. The file came to the Attorney General in early 2007. I notice the police delayed for many months after the investigation was complete. Even though the incidents out of which these charges arise were on TabNorth and communication with South Tarawa may be slow it is disappointing that it took the Commissioner so long to get the file to the Attorney General.

I considered a similar application a fortnight ago – HCCrC 31/08 The Republic v Teruka Taera and gave judgment on 6 August. I adopt what I said in that case.

Mr O’Brien-Hartcher submitted that after two years memories fade and this is to the prejudice of his client.

Ms Beiatau said these are serious charges and the community expects them to be dealt with. So they are serious. The more reason for the Attorney General to have laid the charges when the police file reached him, not to delay for about 12 months.
Ms Beiatau could give no reason for the delay. The fact is that in Kiribati – in contrast to many other jurisdictions – there is no reason why there should be delay. In that we are most fortunate.

Finally I am influenced that the applicant has had hanging over him now for all this time the uncertainty of whether he would be charged and with what and when. Most unfair because quite unnecessary.

The application is granted.

THE HON ROBIN MILLHOUSE QC
Chief Justice