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

High Court Criminal Case 10 of 2010

The Republic

V

Kourabi Arebonto

For the Republic: Ms Tewiia Tawita
For the Accused: Ms Abunaba Takabwebwe

Dates of Hearing: 7 & 8 June 2010

JUDGMENT

The accused has been charged with Acts Intended to Cause Grievous Harm:-

Particulars

Kourabi Arebonto on 12 September 2008 at Koinawa, Abaiang, with intent to do some grievous harm to Nakataba Ioane, did cause him grievous harm by cutting off his left hand.

Nakataba (aged 35) and Kourabi (aged "25+") were neighbours in Koinawa village. There was bad blood between them.

In the early afternoon of the day of the incident Nakataba was sitting on his buia. Two young men were with him. Kourabi came carrying a bush knife. The two engaged in a fight. Nakataba used a stick with a metal tip. Kourabi cut off Nakataba’s left hand at the wrist. In the opinion of Dr Bauro Tematang it was a clean cut, one blow, by something very sharp.

The accused said he acted in self defence: otherwise he would have been killed. As it was he sustained two wounds.

Nakataba’s account:-

Two students came to borrow fishing gear, one my nephew, maroro, saw accused coming carrying a knife ….. saw blade of knife very sharp. "Come outside". Challenging me. "Why are you challenging me carrying a knife?" ….. I panicked – stick – when he challenged me I got down – using stick – blocking him with my stick. While together he hit my hand and my hand fell off ….. Stick poked him on side ….. When on vehicle saw accused again – both injured – but he still wanted to fight some more. (Examination in chief).

Not true I went to him to challenge. He came to my house ….. Accused not busy clearing bushes on his land. I didn’t attack him from behind. I didn’t stab him. He called me out challenging me – that’s when I used stick ….. I didn’t attack him first ….. he came to call me. "Come outside" facing me with his knife. (Cross examination).

Teitoa Aate (aged 20) is a student at St Patrick’s College:-

….. went to Koinawa village – accompanied friend from that village ….. to borrow fishing gear. Heard noises such as cutting of plants. Saw this man – with whom Nakataba had had disputes. Heard nothing – Nakataba suddenly stopped talking and he answered to person weeding, "Wait for me". Nakataba was sitting on buia – got off buia with his stick – had a go at the man. Stick with iron. Fighting. There had been no one around: maybe he just came. (Examination in chief).

I didn’t hear any one calling out as we were telling stories and then Nakataba stopped talking and he answered….. He got off the buia when he was being called. We were sitting facing Nakataba – he was sitting facing in the direction of the accused. The accused was standing ready for Nakataba. Both fighting. Not true Nakataba approached accused from behind. (Cross examination).

The accused gave evidence:-

…..went weeding clearing bushes on my land ….. Suddenly I was being hit in the side by a spear. Standing at my back on left – Nakataba. Two wounds – side and ribs….. I did or said nothing to provoke him. I was bending down and he came along ….. thinking of saving my life. I hit his hand. (Examination in chief).

Nakataba was sitting down and I was clearing up. I didn’t challenge him: he came and challenged me. I was busy clearing up and he came and challenged me. He was sitting on his buia but I didn’t see him (coming)….. He came from behind and suddenly stabbed me. (Cross examination).

My impression of Nakataba, as he gave evidence, was that he was being truthful and describing accurately what happened.

That impression was strengthened and confirmed hearing Teitoa. He was a good witness – and independent. I have no doubt he was telling the truth. He was quite definite that the accused, Kourabi, came challenging the victim, Nakataba. It was not Nakataba who challenged the accused: the victim did not sneak up on the accused.

Having heard Teitoa and accepting his evidence beyond reasonable doubt I also accept Nakataba’s evidence beyond reasonable doubt. The aggressor was the accused. He challenged the victim to the fight and in the course of it cut off the victim’s left hand. He did not act in self defence.

The prosecution has proven beyond reasonable doubt every element of the charge against Kourabi. He is guilty as charged.

Dated the day of June 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice