Republic v Boiti [2010] KIHC 39; Criminal Case 04 of 2010 (12 April 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION

High Court Criminal Case 4 of 2010

HELD AT BETIO
REPUBLIC OF KIRIBATI

THE REPUBLIC

V

KORERE BOITI

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Raweita Beniata

Date of Hearing: 12 April 2010

JUDGMENT

Korere Boiti is charged with indecent assault and with criminal trespass.

Particulars

Indecent Assault

KORERE BOITI on or around the 8th July 2009 at Teaoraereke, South Tarawa in the Republic of Kiribati unlawfully and indecently assaulted
Nei Betty Betio.

Criminal Trespass

KORERE BOITI on or around the 8th July 2009 at Teaoraereke, South Tarawa in the Republic of Kiribati entered into a dwelling house of
Nei Roota Taraia with intent to commit an offence.

For three days before the incident he had been drinking fermented yeast and sour toddy with friends. At the time this happened he was drunk. His evidence:-

At the end of the three days all I can remember is going to our house on the ocean side, western side of USP.

Don’t believe evidence. I really don’t know. It could have happened.

The victim, Nei Betty, is a little girl now aged seven. She was not called as the prosecutor, sensibly, regarded her as too young to give evidence.

Two witnesses for the prosecution. The first, Nei Betty’s aunt,
Nei Teberaua Atanimarawa, said she and some children of whom Betty was one had been sleeping inside a house – it had no door only a doorway – under a mosquito net. Later in the night she woke to find Betty gone. She went and woke her mother and her brother, Mauritaake Atanimarawa who were sleeping some distance away at the USP. She and her brother went to a place on the lagoon side where people drank sour toddy. Her brother was ahead of her. In her evidence:-

Saw brother running after a boy and my child Betty lying on the beach. Full moon. I could tell by his appearance – Korere. Running towards Bikenibeu. I took Betty home – her dress was up – sitting against slope, legs pushed up. She said she had been raped. The boy came, Korere. Shouting "What have I done?" My mother said, "You’ve taken the child from our house". He responded, "That is correct".

Nei Teberaua said the accused had been a friend of the family and came to their house "usually three times a week".

The word "raped" is used in Kiribati not in its strict legal sense of sexual penetration but merely as denoting some sexual contact. I allowed the evidence of what Betty said to Nei Teberaua as a recent complaint with the meaning that the accused had had some sexual contact with her.

Mauritaake Atanimarawa:-

Found Betty on beach – had heard noises, her voice and Korere’s. He was trying to rape our child. "Open your legs". If she doesn’t he’ll kill her. "Where is your knife?" "Here". I 3-4 paces. Sister behind me. I saw him on top of her. I chased him but he ran away: going to his house on beach. I recognized him. Saw his face. Full moon – light on verandah of near house. Back to our house. Teuaei came to house – within two minutes. He shouted, "Why did you chase me? What have I done?" "don’t you know you took Betty?" "That is correct and that is what I expected".

I accept the reliability and accuracy of the evidence of both witnesses.

The case against the accused is overwhelming. The prosecution has proved both charges beyond reasonable doubt.

The accused is guilty of indecent assault and criminal trespass.

Dated the day of April 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice