Republic v Taumarawa [2009] KIHC 50; Criminal Case 69 of 2008 (13 October 2009)

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

HIGH COURT CRIMINAL CASE 69 OF 2008

THE REPUBLIC

V

BONONO TAUMARAWA

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

Date of Hearing: 13 October 2009

SENTENCE

Bonono Taumarawa: you have been found guilty of manslaughter and of endangering life at sea.

You were the captain of a greatly overloaded canoe sailing between Maiana and South Tarawa. The canoe split in half during the voyage. A little boy was drowned.

You are 42 years old, married with a wife and six children: your parents also live with you. You reached Grade 7 at primary school. You have had no formal training or qualification but are a good navigator.

There is one thing in your favour. It is general knowledge that canoes have been travelling between islands even though carrying far more passengers than they have been licensed to carry. Those in charge who have the responsibility of deciding how many passengers to allow, have been taking the same risk as you took. Most have been lucky. You were unlucky and a child lost his life.

You must serve a term of imprisonment particularly to deter others from allowing their canoes to travel overloaded. It is dangerous.

This is your first conviction and this means some reduction in penalty.

For the crime of manslaughter you will be imprisoned for three years to run from Monday 12 October when you went into custody. For endangering life at sea you are convicted without penalty.

THE HON ROBIN MILLHOUSE QC
Chief Justice