Republic v Robuti; Republic v Teiwaki [2008] KIHC 73; Criminal Case 46 & 49 of 2008 (9 December 2008)

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

High Court Criminal Case 46 of 2008

The Republic

v

Tengke Robuti

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Karotu Tiba

High Court Criminal Case 49 of 2008

The Republic

v

Teiwaki Teiwaki

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Kiata Kabure

Date of Hearing: 9 December 2008

JUDGMENT

These two cases have been called on together following applications to stay proceedings. The facts in each are similar: embezzlement is alleged in 2005 when the accused was employed by Solar Energy on an outer island, Robuti on TabSouth, Teiwaki on Marakei. Police enquiries in each were completed in 2006. Yet it was 1 September 2008 before the Attorney General laid charges. A delay of two years. The only reason Ms Beiatau can advance is the way in which the Attorney General has organized his office. That is not the concern of the Court.

The Court has said many times that unreasonable delay – as these delays were – will lead to a stay of proceedings (see for example HCCrC 19/07 R v Taeboa Tabanga).

The applications are granted.

Order that the prosecution pay the fare of each to return to TabSouth and Marakei respectively.

Dated the 9th day of December 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice