Republic v Tangaua [2010] KIHC 83; Criminal Case 31 of 2010 (25 August 2010)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO

High Court Criminal Case 31 of 2010

THE REPUBLIC

V

TEITETABUKI TANGAUA

For the Republic: Ms Tewia Tawita
For the Accused: Ms Botika Maitinnara

Date of Hearing: 23 August 2010

JUDGMENT

The accused is charged with murder:-

Teitetabuki Tangaua on the 3rd July 2010 at Buariki village on the island of South Tabiteuea murdered Ioane Namoi.

The accused and his family were living next to or near his brother, Tabaia Tangaua and his family. The two brothers were in dispute.

About 6 o'clock in the morning of Saturday 3 July the dispute between the brothers threatened to become a fight. Their mother intervened and stopped it. Police were called. Ioane Namoi, a police officer, came. Ioane tried to calm the accused. The accused went into the bush to cut toddy. Ioane had Special Sgt Temau Atiboto called. I accept Temau's account of events in preference to that of other witnesses:-

Early in the morning Saturday there seemed to be a dispute between accused and his brother ..... Arriving at house: Cpl Ioane was there: told me about arresting accused. Accused had relieved himself in his brother's well. Accused not there: cutting toddy. He came back with his toddy knife, a stone and his toddy shell. Early morning. When he came back he passed the buia Ioane and I were sitting on. Cpl Ioane and I went after him, one at back, one at front. Ioane tried to persuade accused to give him knife: I could hear him request him to give him knife. Accused didn't give it to him. I was 3m away or nearer. Deceased very close – a metre or less ..... I could see Ioane's hand on accused's head trying to persuade him. Accused suddenly stabbed deceased between chest and stomach. Again on side of stomach – two on side of stomach: third on back of shoulder. Deceased tried to push him away. I tried to catch knife but I was too late. I managed to get the knife but he held on to it. I got it after accused's brother came to help me by hitting accused's hand with an iron rod ..... Ioane was wounded: fell to the ground.

Temau gave a fuller account in his statement (Exhibit D1):-

I saw very well the knife which Teitetabuki forced deep into Ioane's stomach in such a way that the knife was fully inside Ioane's stomach. Having done that Teitetabuki pulled out his knife and stabbed Ioane again twice also on the side of his stomach. As far as I could see the knife did not go very deep during the second attack. Ioane however, at that time did nothing but only raised his hands in an attempt to push Teitetabuki away, but Teitetabuki again stabbed him on the back, at the lower part of his left arm. By this time I was on the spot, and I then quickly held the sharp edge of the knife. I held Teitetabuki's hand with which he held the knife with my other hand so my two hands got hold of Teitetabuki's one hand trying to pull out the knife. When the knife got out, I tried to take it away from him but he held it very tightly that it was very difficult to take it out. My hand was injured as a result.

Temau's evidence was corroborated by Tabaia and to a lesser extent by his wife Nei Tabotari Teakin.

Nei Monika Tauman, the medical assistant, made a report (Exhibit P2):-

Patient's Name: Ioane Namoi

7.30 am No smell of alcohol

Death on arrival. No heart beat. Pupil dilated.

Wound

1. Left shoulder 9 ½ cm depth 2cm length

2. Left hip 7cm depth 2 cm length

3. Below epigastria 9cm depth 2 ½ long

Long stretch across stomach 7cm

4. Small cut below right breast

5. Small cut below right shoulder.

Caused by sharp object.

Nei Monika gave it as her opinion that the cause of death was loss of blood and shock. Ioane was dead when she first saw him.

The accused, to his credit, gave evidence. The defence was lack of intention to kill. No other element of the crime of murder was challenged:-

3 July 2010 ..... put a coconut in the well, as a medicine. Brother angry – came hit buia with a stone. They called police. Ioane came: I had no problems with him. Told me he was to take me to prison: I didn't want to go. Told Ioane to tell brother to move his house. I cut toddy. Back straight to my house, went by brother's house. They ran after me from behind. I had with me a stone, toddy knife. Saw them, ran: they caught me, three of them, by back of neck. Heard no voices. As soon as they got hold of me, that's when I turned round and used the knife not knowing that the knife was in my hand. We started fighting for the knife. Didn't know who three people – Temau, Ioane Tabaia. I didn't know who was hurt. (Examination in chief).

I just got lost got lost and forgot I had knife. Didn't know who I stabbed. No reason why I stabbed Ioane: didn't know who I stabbed. (Cross examination).

Ms Tawita then asked, "You stabbed a policeman because you didn't want to be arrested?" After a long pause the accused replied, "What can I say?"

No other evidence for the defence.

If there had been only one stab wound perhaps lack of intention to kill might be inferred. There were five wounds. Two of them (the first and the third in Nei Monika's list) very deep. Beyond reasonable doubt they were deliberately inflicted with the intention at least of causing grievous bodily harm.

The case against the accused is very strong. On the whole of the evidence the prosecution has proved all the elements of the crime beyond reasonable doubt.

The accused is guilty of murder.

Dated the 25th day of August 2010

THE HON ROBIN MILLHOUSE QC
Chief Justice