Republic v Mwemwenikeaki [2008] KIHC 66; Criminal Case 42 of 2008 (24 November 2008)

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

High Court Criminal Case 42 of 2008

The Republic

v

Tekiera Mwemwenikeaki

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

Date of Hearing: 24 November 2008

JUDGMENT
(Ex Tempore)

This is an application for a stay of proceedings. The offences are alleged to have occurred from "towards the end of 2006" to 17 September 2007. Ms Beiatau has told me that the discrepancies were not discovered until later in 2007. The indictment was filed on 29 August this year.

It is regrettable that there was a delay of probably nine months from discovery of alleged discrepancies to the laying of the charges but it is not so long a delay as to justify granting the application.

Application refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice