Republic v Panitai [2009] KIHC 4; Criminal Case 44 of 2008 (19 February 2009)

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

High Court Criminal Case 44 of 2008

The Republic

v

Collin Panitai

For the Republic: Ms Tewia Tawita
For the Accused: Sr Bernadette Eberi

Dates of Hearing: 19 February 2009

JUDGMENT

These were two applications for a stay of proceedings because of delay in filing indictments. In each case the delay was in the order of two to three years. In each case I asked the prosecutor the reason for the delay. In neither case was there one. There was no reason why the accuseds had not been charged years earlier.

In accordance with what the Court has said many times now, following the decisions in The Republic v Ioborau, Kaiue and Betero Etuati and Tekaribwa Kimaere (HCCrC 2/03, 25/03 and 29/03), where there is no reason given to the Court to account for inordinate delay, the application for a stay will be granted.

Application in each of these cases for a stay of the proceedings granted.

Dated the 19th day of February 2009

THE HON ROBIN MILLHOUSE QC
Chief Justice