Republic v Eita [2009] KIHC 16; Criminal Case 43 of 2008 (12 May 2009)

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

High Court Criminal Case 43 of 2008

The Republic

v

Buako Eita
Tabwa Iotaake

For the Republic: Mr David Lambourne, Solicitor General
For the 1st Accused: Mr Giles O’Brien-Hartcher
For the 2nd Accused: Ms Maere Kirata

Date of Hearing: 12 May 2009

DECISION ON PENALTY

Buako Eita and Tabwa Iotaake: you, being collaterals by blood, have pleaded guilty to having sexual intercourse with each other during 2007.

You have acknowledged that you have a common great grand father which means that you are second cousins. Besides being forbidden by law it is against custom for cousins to marry or live together or to have intercourse. The Solicitor General has vehemently urged on me that this custom is deeply respected by many in the community.

You have had three children but one has died. I am told that the relationship between you has now ceased and that you do not intend resuming it. Your children are thereby deprived of a normal family life with their natural parents.

Mr O’Brien-Hartcher has pointed out that, apart from the destruction of your relationship, you have already had the distress and anxiety of being charged and having to come to court.

As the relationship is over there is no point in inflicting formal punishment on either of you.

The charge against each of you is dismissed absolutely.

THE HON ROBIN MILLHOUSE QC
Chief Justice