Republic v Iete [2009] KIHC 3; Criminal Case 57 of 2008 (16 February 2009)

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

High Court Criminal Case 57 of 2008

The Republic

v

Iobi Iete

For the Republic: Ms Ruria Iteraera
For the Accused: Mr Banuera Berina

Dates of Hearing: 16 February 2009

FINDING OF NO CASE TO ANSWER

Ms Iteraera opened her case with a written statement of the facts. She then tendered by consent two medical reports. The first from Dr Barbova-Gurova expressing the opinion that the alleged victim, a girl of 19, is an imbecile: the second from Dr Baranika who examined the girl on the day of the incident and found the hymen "broken and bleeding and lots of whitish fluid (sperm) coming from the vagina". Ms Iteraera also tendered the accused’s caution statement in which he admitted having asked her to lie down next to him (in his house):

As she was lying down I took off my trouser and mount her as I was going to have sex with her. I knew that she is a virgin for as I was going to insert my penis into her vagina it cannot enter her, so I stood up and ask her if she has done it before whilst she replied that she had not. I then told her to go away.

Ms Iteraera called her only witness N. Matarena Ioane but the lady did not answer the call. Ms Iteraera asked for an adjournment for some hours. She told me the police have been looking for the lady (who had been summoned) but could not find her. I conlclude that Nei Matarena does not want to come to court and give evidence. I refused the adjournment. Ms Iteraera closed her case.

Mr Berina submitted that his client had no case to answer: the prosecution has not proved one of the elements alleged: that his client knew "at the time of committing the offence that the girl was an imbecile".

Ms Iteraera did her best to persuade me from the accused’s words in the caution statement that he must have known. From none of the words in the statement could I draw that inference let alone find it proved beyond reasonable doubt.

I accept Mr Berina’s submission. His client has no case to answer.

Dated the 16th day of February 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice