Republic v Maata [2009] KIHC 13; Criminal Case 64 of 2008 (27 April 2009)

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

High Court Criminal Case 64 of 2008

The Republic

v

Teratabu Maata
Tokitebwa Tabaeko
Batio Toaia
Tabanou Kaiaia
Rikan Tebarea
Taota Muteka
Toati Teaeki

For the Republic: Ms Pauline Beiatau
For the 1st & 2nd Accused: Sr Bernadette Eberi
For the 3rd & 6th Accused: Mr Raweita Beniata
For the 4th, 5th & 7th Accused: Mr Giles O’Brien-Hartcher

Dates of Hearing: 27 April 2009

DECISION ON APPLICATION OF
NO CASE TO ANSWER
(Ex Tempore)

Originally there were seven accused charged with unlawful assembly.

Particulars:

On the 17th March 2008 at Eita village on the island of North Tabiteuea, Teratabu Maata, Tokitebwa Tabaeko, Batio Toaia, Tabanou Kaiaia, Rikan Tebarea, Taota Muteka and Toati Teaeki being assembled and conducted themselves in a manner intended or likely to cause Nei Tetang Tematang reasonably to fear that their so assembled will commit a breach of the peace.

The prosecution having entered nolle prosequi in relation to Rikan Tebarea and Taota Muteka, called two witnesses.

N. Tetang Tematang as a result of a village meeting earlier in the afternoon left Eita village before 6 pm. The decision of the meeting, given after she had left it, was that she should either pay $1,000 or leave the village by 6 pm. She left and has not returned.

The other witness was N. Tetang’s mother who said that later in the evening a number of people came to a house next to the buia on which she was. Only two of them spoke to her, Tokitebwa and Batio, asking where her daughter was. She did not recognize any of the others. She told Tokitebwa and Batio that her daughter had gone. Everyone left.

That was the prosecution case. There is no evidence of an assembly or conduct by anyone "in a manner intended or likely to cause Nei Tetang – reasonably to fear that (those) – assembled (would) commit a breach of the peace".

During Mr O’Brien-Hartcher’s cross examination of Nei Tetang, Ms Beiatau particularized the incident likely to cause fear etc:

The prosecutor states that the assembly complained of was that at 8 pm: the meeting at 2 pm is not alleged to have been unlawful.

By 8 pm Nei Tetang had gone and so could not have been caused fear. Her mother did not describe anything which was likely to cause her fear.

This is a fatal gap in the prosecution case: no accused has a case to answer.

Furthermore even if the defendants had not succeeded in the application of no case on the ground I have canvassed there was evidence only of the presence of Tokitebwa and Batio: there was no evidence at all relating to the other three defendants.

No accused has a case to answer. All are discharged.

THE HON ROBIN MILLHOUSE QC
Chief Justice