Republic v Ieie [2010] KIHC 76; Criminal Case 27 of 2010 (28 July 2010)

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

High Court Criminal Case 27 of 2010

THE REPUBLIC

V

KAITIE IEIE

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Taburuea Rubetaake

Date of Hearing: 27 July 2010

SENTENCE

Kaitie Ieie: you were charged with murder but on your arraignment you pleaded guilty to manslaughter. The prosecution accepted the plea.

One night in July 2008 you provoked a fight with the dead man, Kobebe. You were drunk. You shouted the word "Fuck" near a maneaba. Kobebe, also drunk, came out and you and he fought. Kobebe fell to the ground. You kicked him on his body more than once. At first he hid his face by putting his hands over it but after more than one kick he simply lay there. When people standing by called out he was dead, you left. The side of Kobebe's face was seen to be swollen with one of his eye balls nearly popped out. You admitted to the police kicking the side of Kobebe's neck. Even though you had no intention to kill, you must have kicked him very hard.

You are 31 years old. You had been a bus driver but now live a subsistence life style. You have a wife and a 9-year old daughter.

Mr Rubetaake said that Kobebe had been your friend. You had been drinking together and quarreled. After Kobebe's death, you apologized to his family.

You have pleaded guilty. This is your first conviction. These things mean a lesser penalty than otherwise.

Yet it was a terrible thing to do and a man lost his life as a result of what you did. You must serve a substantial time in gaol. You will be imprisoned for four years to run from yesterday, 27 July.

Dated the 28th day of July 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice