Republic v Teururu [2009] KIHC 25; Criminal Case 70 of 2008 (9 June 2009)

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

High Court Criminal Case 70 of 2008

THE REPUBLIC

V

TIRINTEITI TEURURU

For the Republic: Ms Pauline Beiatau
For the Accused: Sr Bernadette Eberi

Dates of Hearing: 9 June 2009

JUDGMENT

These reasons should be read in conjunction with the reasons for Decision on Application to Stay Proceedings.

Tirinteiti has been charged on four counts:-

Count 1

Caused money to be paid on forged documents – On an unknown date during the month of July to November 2005 at Development Bank of Kiribati office, Bairiki, Tarawa in the Republic of Kiribati, Tirinteiti Teururu and - caused to be paid to any other person money in the amount of $4,549.00 by virtue of a forged document namely loan application forms, knowing the said documents to be forged.

Count 2

False Pretence – On an unknown date during the month of July to November 2005 at Development Bank of Kiribati office, Bairiki, Tarawa in the Republic of Kiribati, Tirinteiti Teururu -by false pretence with intent to defraud, caused any money to be paid to any other person for the benefit of that person.

Count 3

Forgery - On an unknown date during the month of July to November 2005 at Development Bank of Kiribati office, Bairiki, Tarawa in the Republic of Kiribati, Tirinteiti Teururu - made false documents namely loan application forms in order that it may be used as genuine.

Count 4

Uttering - On an unknown date during the month of July to November 2005 at Development Bank of Kiribati office, Bairiki, Tarawa in the Republic of Kiribati, Tirinteiti Teururu - knowingly and with intent to defraud uttered forged documents namely application forms.

On arraignment Tirinteiti pleaded guilty. Counsel made submissions. Sr Bernadette after telling me something of her client, that he had a wife and child and so on, said that he admitted his guilt to the four counts "because he was trying to help Maria (Raurenti) get the loan". Although this seemed to conflict with some of her other submissions I accepted it and adjourned to consider penalty.

When I was considering penalty I realized that I could not be certain of the facts on which I was to sentence. Tirinteiti had pleaded guilty but he did so not because he was guilty but to take the blame for others.

The case was called on again. I explained my predicament and substituted pleas of not guilty on each count. A trial proceeded.

The evidence against the accused is overwhelming. Nei Mareta Teken, Loan Supervision Manager, said that Tirinteiti had the responsibility of recovering debts owed to the Bank by debtors on Nonouti. Tekirei Temate in which name a loan had been applied for (and granted) had been found not to exist. Nei Aribo Tarangauea named as guarantor had complained to the Bank that she knew nothing about the loan, had never signed a guarantee and now deductions were being made from her pay. The supposed signature on the guarantee form did not match her signature on documents held by her employer.

Nei Batitea Tekanito, Legal Officer for the Bank, said Tirinteiti had no responsibility to help people at the counter: she had no responsibility for new loans.

Nei Tawake Moreti, originally jointly charged with Tirinteiti but against whom the Republic did not proceed, had been an officer of the Bank until her dismissal:

I don’t know anything about the loan for Tekirei but Tirinteiti came to me about a loan for Tekirei. Came with completed documents He gave forms completed and asked me to sign as witness even though I had not been witness to a signature He gave me all the forms in one go to sign and pass on for approval.

Nei Tawake, although she had not witnessed Nei Aribo’s signatures, at Tirinteiti’s request signed as a witness both the form "Authority to pay my members credit to the Development Bank of Kiribati" (Exhibit P4) and the form "Guarantee for Surety for a loan secured by a Bill of Sale or Government/charge" (Exhibit P8).

Tirinteiti had told her the person was waiting outside. She believed him: "did not go out to check".

The strong inference from all this evidence is that Tirinteiti prepared the document using a false name and gave them to Nei Tawake, asking her to process the loan application.

The inference had some confirmation from Tirinteiti’s affidavit in support of his application for a stay:

5. The alleged incidents relate to the process of a loan to a customer by the name of Maria Raurenti. I was only helping Maria to process her application by filling the necessary forms for her upon instructions from her.
   
6. After helping Maria to fill in the forms, and as a procedure I gave them to the responsible officer for signing. After signing I have no further involvement with the procession and it was then the customer who provided and delivered documents that are further required before payment to the customer.
   
7. Whether Maria got her loan was or has nothing to do with me. I did not get any benefit out of Maria’s loan in helping her to fill in her loan application.
   

The name Maria Raurenti appears nowhere on the forms. The name on the forms is Tekirei Temate of Rotumwa village, Nonouti and the inference from the forms is his establishment of a store.

The accused did not give evidence. That was his right and he must not be prejudiced for exercising it. There was no witness for the defence.

I accept the witnesses as truthful. Their evidence together with the documents is sufficient to find that the prosecution has proved all the charges beyond reasonable doubt.

But there is more. Ioane Teatia is a police officer in the Crime Section. He went to Nonouti: found no Tekirei there. He took the accused’s caution statement which was admitted by consent (Exhibit P7):-

I agree that it was me who helped Maria with her loan in which the name of Tekirei Temate was written on it. I recalled that year when that loan was made in 2005 but I forgot the date of the month as it had been a long time ago. I agree that there was no such person as Tekirei Temate but I made it up in order to help my sister, Maria Raurenti for her fare to New Zealand. It was me who filled up the forms required for the loan. It was Maria who went to KPF for the pledge. It was also Maria who signed the name of Aribo Tarangauea as if she was the guarantor. It was also her who took the cheque from DBK and signed it. I made this agreement with Maria that she would pay back this money but the repayment had not yet arrived until now. I agree that it was her who brought that proforma from BKL and gave it to me. I agree that I helped Maria with the amount of $5,005 and that can be seen on the proforma from BKL. After I filled up the loan forms, I gave them to Nei Tawake to sign so that it could be believed to be a loan. It was also Tawake who signed the pledge form ..... I was at the Recovery section at that time and I agree that it was not my duty to help customers as it was the duty of the loan officers.

These admissions alone would be sufficient evidence to prove beyond reasonable doubt the accused’s guilt.

The evidence and the admissions make the case against Tirinteiti overwhelming.

The accused is guilty on all four counts.

Dated the .....day of June 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice