Republic v Teurubaba [2014] KIHC 35; Criminal Case 16 of 2012 (4 September 2014)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 16 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TEIA TEURUBABA
TINI TEIA
ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

1, 25 & 31 July 2014 & 6 August 2014

Ms Pauline Beiatau for Prosecutor
Mr Taoing Taoaba for 1st Accused
Mr Teetua Tewera for 2nd Accused

SENTENCE AND REASONS FOR IT

Zehurikize, J: I have considered submissions by all the Counsel in this matter.

The convicts committed serious offences of dishonesty. They were both public servants who should have acted with dignity for the good of their country-men. But on the other hand I have noted that they are first offenders. They are old people where A2 is 49 years and would just be nearing retirement while A1 is said to be 53 years and therefore a person of advanced age.

I do believe that the couple have family responsibilities as detailed by
Ms Taoaba and reiterated by Mr Tewera. The welfare of the innocent children and the orphans is a serious matter that this Court cannot ignore. It is also noted that the KPF money was not stolen as the fraud was discovered just in time before A1's KPF proceeds could be withdrawn. Further I do believe that the Kiribati Housing Corporation can still access the KPF funds still due to the convicts to go towards the loan repayments.

Considering all the circumstances of this case and doing the best I can I will sentence A1 to a term of two years in respect of the offences in Counts 1, 2 and 3, and sentence A2 also to a term of two years in respect of offences in Counts 1 and 3. The sentences would run concurrently, but these sentences will be suspended for two years' period such that if any of them commits any other offence he or she will serve the two years hereby imposed on top of any other sentence imposed for the offence for which they will have been convicted.

Dated the 4th day of September 2014

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge