Republic v Tiire [2010] KIHC 102; CRC 50 of 2010 (20 October 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

Held at Betio
Republic of Kiribati

High Court Criminal Case 50 of 2010

THE REPUBLIC

V

TOONGA TIIRE

For the Republic: Ms Tewia Tawita
For the Accused: Ms Taoing Taoaba

Date of Hearing: 20 October 2010

JUDGMENT
(Ex Tempore)

At the end of the prosecution case I stopped the trial telling the prosecutor, Ms Tawita, that on the evidence I could not convict the accused. I must have at the least a reasonable doubt about his guilt. Although Nei Tekakia positively identified Toonga as the man whom she woke up to find between her legs, after the incident she went first to the house of Bereteiti and blamed him. Bereteiti denied it. Nei Tekakia then went to Toonga's house – Bereteiti refusing to accompany her as she had blamed him – and blamed Toonga. Toonga denied it was he and his wife backed him up saying that at the time it happened he was boiling water for their child and then having a shower. Not long after Nei Tekakia left them they came to her house and repeated the denial.

This evidence must at least raise a reasonable doubt as to Toonga's guilt. There was no point in allowing the trial to continue.

I find the accused not guilty on either count.

THE HON ROBIN MILLHOUSE QC
Chief Justice