Republic v Kaake [2008] KIHC 74; Criminal Case 59 of 2008 (9 December 2008)

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

High Court Criminal Case 59 of 2008

The Republic

v

Bokarawa Kaake

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

Date of Hearing: 9 December 2008

JUDGMENT

Application to stay proceedings. Allegations of indecent assault on three women in 2006 and as late as 16 February 2007. Yet charges were not laid until 18 September 2008. Ms Beiatau has made written submissions but it all comes back to the delay caused by defects in the system of work in the Attorney General’s office. That is not a matter which can concern the Court or be used to justify so long a delay.

For the reasons given in earlier cases this morning (HCCrC 46/08 – R v Tengke Robuti and 49/08 R v Teiwaki Teiwaki ) the application is granted.

Dated the 9th day of December 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice