Republic v Milisic [2008] KIHC 56; Criminal Case 63 of 2008 (27 October 2008)

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

High Court Criminal Case 63 of 2008

The Republic

v

Cojko Milisic
Fishing Company Raffaello LLC

For the Republic: Mr David Lambourne, Solicitor General
For the Defendants: Ms Botika Maitinnara

Date of Hearing: 27 October 2008

DECISION
(Ex Tempore)

The owners of the FV Raffaello and its captain face 11 counts either of entering into or leaving or fishing within the 12 mile limit of Kiribati waters. Mr Flournoy, attorney of San Diego California has with the permission of the Court addressed it on behalf of the defendants denying the charges. The allegations from each of the Republic and the defendants are of matters of fact which may have to be decided at a trial after the taking of evidence. I do not have regard to them now.

The question for immediate decision is the amount of the security which should be lodged so that the vessel may be released and allowed to leave Kiribati waters. The Republic argues for US$1m: the defendants for US$250,000.

The principle which should guide the court is that an amount be fixed sufficient to cover penalties likely to be imposed if the case proceeds to trial and the defendants convicted on one or more of the charges.

All I consider now is the reasonable total if all charges were to succeed and the vessel forfeited. From what the Solicitor General has said, not denied by Mr Flournoy, the maximum total would be many times US$1m. It is unlikely maximum penalties would be imposed: even so a bond of US$1m sought by the Republic is modest compared to likely penalties. I see no reason not to accept the figure of US$1m.

The Court fixes the bond at US$1m.

The first defendant is to be released and to remain at liberty in Kiribati. He is prohibited from leaving Kiribati until security for his bail in the sum of A$10,000 has been paid into Court.

Liberty to either party to apply on short notice.

THE HON ROBIN MILLHOUSE QC
Chief Justice