Republic v Eketi [2014] KIHC 10; Criminal Case 24 of 2013 (1 May 2014)

IN THE HIGH COURT OF KIRIBATI 2014
CRIMINAL CASE NO. 24 OF 2013

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

EREKANA EKETI
ACCUSED

Before: The Hon Chief Justice Sir John Muria

30 April & 1 May 2014

Mr Taburuea Rubetaake for Prosecutor
Mr Raweita Beniata for Accused

JUDGMENT

Muria CJ: You have pleaded guilty to three offences – attempted rape, indecent assault and entering with intent to commit an offence.

You are almost 60 years old and what you did to these two girls is unacceptable to the society. As the lawyer for the Republic pointed out, although the victims are not in your care you are an elder who is supposed to be taking care of those in your community. What you did to the victims is unacceptable. You were drunk when you did what you did and despite the strong submission of your lawyer that this should give you some excuse, I do not think I will give you that excuse for doing what you did. I also take into account all that has been said by your lawyer.

There are three factors that the Court has to take into account in your favour in this case. First, is that you have pleaded guilty right from the start in 2011 to the police. You have pleaded guilty in Court and that saves the two victims from having to testify in Court. The second is that this is your first offence. I hope this is going to be your last one. The third factor in your favour is the delay in bringing you to Court despite the fact that you admitted your guilt in 2011. The Prosecution did not bring this case to Court even when the Court came here in 2012. So the delay in this case must be taken into account in your favour.

In this case, as rightly pointed out by the Republic, a custodial sentence is appropriate.

For Count 1 Attempted rape 18 months imprisonment
Count 2 Indecent Assault 6 months imprisonment
Count 3 Entering with Intent to Commit
Offence 2 months imprisonment

Sentences are concurrent. However, they are to be suspended on the condition that you keep away from trouble for two years.

Accused: I promise to the Court that I will not do anything like this again. This is not my habit.

Dated the 1st day of May 2014

SIR JOHN MURIA
Chief Justice