Republic v Kabwaki [2008] KIHC 35; Criminal Case 39 of 2008 (29 August 2008)

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

High Court Criminal Case 39 of 2008

The Republic

v

Era Kabwaki

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Mantaia Kaongotao

Date of Hearing: 29 August 2008

SENTENCE

Nei Era Kabwaki: you did a very foolish thing. You were employed by the Tamana Island Council. You had the responsibility to receive on behalf of Kiribati Provident Fund the voluntary contributions of people on the island. To pay your son’s school fees at Rongorongo you failed to account for the sum of $1,264.00 which had been paid to you. You intended later to pay the money out of your own KPF. Before you had arranged that the auditor came and discovered the shortfall.

You have pleaded guilty as soon as you could. It is your first conviction. These things are both in your favour and mean a lesser penalty than otherwise.

Nevertheless what you did was not only foolish but dishonest and you must be punished for it.

Fortunately no one will be out of pocket. The prosecution Ms Beiatau has asked me to make an order that sufficient moneys be transferred from your KPF account to make up for the shortfall. Mr Kaongotao has consented. I shall make that order.

You are sentenced to nine months’ imprisonment. Because of your circumstances and those of your family the term of imprisonment will be suspended if you will promise to be of good behaviour for the next 12 months.

If you do not commit another offence within the next 12 months then you will not have to serve this nine months in prison.

If you do commit another offence in the next 12 months then you will be punished for it and also be liable to serve this sentence as well.

Do you understand this? Yes.
Do you promise? Yes.

Dated the 2nd day of September 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice