Republic v Taubukintebwa [2008] KIHC 77; Criminal Appeal 6 of 2008 (16 June 2008)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL JURISDICTION

HELD AT BETIO

REPUBLIC OF KIRIBATI

HIGH COURT CRIMINAL APPEAL 6 OF 2008

BETWEEN:

THE REPUBLIC
APPELLANT

AND:

IOABO TAUBUKINTEBWA
RESPONDENT

DATE OF HEARING: 16 JUNE 2008
FOR THE APPELLANT: MS TUMAI TIMEON
FOR THE RESPONDENT: MR RAWEITA BENIATA

JUDGMENT
(Ex Tempore)

The Republic has appealed had the finding by the Single Magistrate that the respondent had no case to answer. He has been charged with arson, burning down a maneaba.

The appeal must be allowed. In the ruling the Single Magistrate said that what clearly were admissions by the respondent were hearsay. Three witnesses had said "the accused told them that he set fire to the maneaba". These statements were not, as the Single Magistrate thought, hearsay. They were direct admissions and evidence of them may be given, as it was, by the three witnesses.

Of course, the respondent may have a complete answer e.g. that he was joking or the witnesses are lying and so on. But this evidence is certainly sufficient to require some answer from the respondent. He has a case to answer. There is sufficient evidence on which a jury properly directed — or in this case the Single Magistrate — could convict.

The appeal is allowed: the ruling of no case to answer by the Single Magistrate is quashed and the case returned to the magistrate's court for hearing by another magistrate.

..............................
THE HON ROBIN MILLHOUSE QC
Chief Justice