Kaoma v Republic [2014] KIHC 2; Criminal Appeal 13 of 2011 (24 March 2014)

IN THE HIGH COURT OF KIRIBATI 2014

CRIMINAL APPEAL 13 OF 2011

BETWEEN

TARUKA KAOMA
APPELLANT

AND

THE REPUBLIC
RESPONDENT

Before: Hon Chief Justice Sir John Muria

RE: APPLICATION BY THE REPUBLIC

ORDER

Muria CJ: The Republic has filed a Notice of Motion seeking to strike out this appeal.

The appeal was filed in November 2011. The appellant has not taken any steps at all to prosecute the matter, except for a brief appearance in Court on 23 May 2012. At that hearing, the Court was told that the appellant was not a party to the criminal case in the Magistrates' Court. He was a witness (victim) for the prosecution. The appellant was advised to seek legal advice.

The appellant has not taken any steps at all on the matter since then.

The judgment in the Court below was against one Tabuana Bita who was charged, tried and found guilty of one count of Criminal Trespass and one count of Common Assault. He was fined a total of $150.00. He did not nor the Republic appeal against that decision. Therefore no prejudice would be occasioned by striking out this appeal as being an appeal wholly without any basis in law.

In the exercise of the power in the Court, this appeal is struck out.

Dated the 24th day of March 2014

SIR JOHN MURIA
Chief Justice