Republic v Iotebwa [2008] KIHC 71; Criminal Case 51 of 2008 (26 November 2008)

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

High Court Criminal Case 51 of 2008

The Republic

v

Moiwa Iotebwa

For the Applicant: Mr Giles O’Brien-Hartcher
For the Respondent: Ms Tewia Tawita

Date of Hearing: 26 November 2008

JUDGMENT
(Ex Tempore)

Application to stay proceedings. The offence alleged against the applicant is indecent assault on 19 July 2007. The prosecutor Ms Tawita has told the Court the file came to the Attorney General on 7 September 2007. Yet the indictment was not filed in this Court until 4 September 2008.

The Court has said that a delay of 12 months or more is undesirable: the aim should be to dispose of all cases within 12 months of the alleged offence (see HCCrC 19/07 Republic v Taeboa Tabang). Yet here the delay from offence to likely trial date will be getting on for 18 months. Certainly the delay is not as long as in some other cases in which an application for a stay has been made. For that reason I was anxious to hear from Ms Tawita why a delay of 12 months had occurred. She could give no special reason but merely repeated what prosecutors have put to the Court many times – that the office is understaffed etc. etc. As I have replied many times, that is the responsibility of the Attorney General. Had there been any special, any particular and good reason for the delay of 12 months I would have refused the application. There is none. That being so I grant the application and make an order in terms of paragraphs 2 and 3.

THE HON ROBIN MILLHOUSE QC
Chief Justice