Republic v Tamaroa [2009] KIHC 61; Criminal Case 32 of 2009 (28 October 2009)

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

HIGH COURT CRIMINAL CASE 32 OF 2009

THE REPUBLIC

V

TEURAKAI TAMAROA

For the Republic:Ms Pauline Beiatau
For the Accused:Ms Abunaba Takabwebwe

Dates of Hearing: 28 October 2009

SENTENCE

Teurakai Tamaroa: you have pleaded guilty to making a false declaration on oath when you knew it to be false. In February 2004 you told Civil Registration Office that you were born on 8 March 1961. Later after an investigation by the PSO it was established you were born on 8 March 1959. You had been working for the Ministry of Health and the incorrect date allowed you to go on working after the retiring age of 50. Ms Beiatau emphasized that this meant you were keeping someone else out of the job by holding it for longer than you should.

It was all a mix-up. Your birth was not registered soon after you were born and you did not know when that was. In discussion with your sisters it was estimated to be in 1961. The PSO noticed that a younger sister of yours had turned 50. That is when the enquiry was made. The prosecution has not challenged this account of how you came to make the false declaration.

In the circumstances I do not regard this as a serious offence.
Ms Beiatau suggested you be heavily fined instead of being sent to gaol. But you would not have the money to pay a fine. You have lost your job. You have a wife and eight children to support. You are doing various bits of work to make enough money to keep them.

This is your first offence and you have pleaded guilty although not as soon as you could have. That it is a first offence and you have pleaded guilty is in your favour and means a lighter penalty than otherwise.

The law (s.36 of the Penal Code) allows a person to be released on probation without punishment upon promising to be of good behaviour.

Before I will release you on probation you must promise to be of good behaviour for the next two years. If you will promise then there will be no other penalty. If you do not keep your promise and get into trouble with the law again you will be punished for this offence and also be liable to be punished for whatever else you may have done.

Do you understand that? Yes.
Do you promise? Yes.

THE HON ROBIN MILLHOUSE QC
Chief Justice