Republic v Tawati [2010] KIHC 148; High Court Criminal Case 49 of 2010 (8 November 2010)

In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 49 of 2010

The Republic

v

Emire Tawati

For the Republic: Ms Tewia Tawita
For the Accused: Ms Maere Kirata

Date of Hearing: 8 November 2010

DECISION ON SUBMISSION OF
NO CASE TO ANSWER

The prosecution case has closed and Ms Kirata has submitted her client has no case to answer because no element of indecency has been shewn. The evidence is that both the accused and the young girl were clothed: there is no suggestion that the clothing of either was disturbed. The girl's father had invited the accused to sleep with his daughters under the mosquito net. His daughters did not know that. The accused went under the net. He pulled the girl towards him. Their genitals were against each other. She woke up and screamed. He said he wanted to chat. She got up and ran out screaming. Even if as Ms Tawita contends he also asked her to come with him that would not make what happened indecent. On the whole of the prosecution evidence I must have at least a reasonable doubt about the guilt of the accused.

At the very most there may have been a trifling common assault but I doubt that, too.

The charge is dismissed. The accused is not guilty.

Dated the 8th day of November 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice