Republic v Temoannang [2014] KIHC 38; Criminal Case 7 of 2011 (10 September 2014)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 7 OF 2011

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

KATOAITI TEMOANNANG
TEEMA TAAKE
RIBANO TAMWERI
ACCUSED

Before: Hon Chief Justice Sir John Muria

23 May, 28 May, 30 July, 9 & 10 September 2014

Ms Tewia Tawita for Prosecutor
Mr Raweita Beniata for 2nd Accused
Mr Chris Meibusch for 3rd Accused

REASONS FOR DECISION

Muria CJ: I have heard submissions by Counsel for the accused and prosecution. That together with the evidence before the Court, I have to accept the submission by Mr Meibusch that Ribano Tamweri has no case to answer on charges of Murder, Assault Causing Actual Bodily Harm and Accessory after the fact.

The test is set out in section 195 of the Criminal Procedure Code. See also Republic –v- Edward Narayan & Lomi Loo KICA Crim 2/12.

The submission that at least Ribano should be found guilty of common assault cannot be accepted also. The only evidence of assault (kick) on the deceased came from Taketibwa whose evidence has been shown to be unreliable. Applying s.195 of the Criminal Procedure Code, the submission must fail.

The result is that I find no case to answer in respect of Ribano Tamweri on all counts and he is acquitted.

VERDICT: Not guilty – Acquitted.

Dated the 9th day of September 2014

SIR JOHN MURIA
Chief Justice