Kamaraia v Republic [2014] KIHC 9; Criminal Appeal 10 of 2013 (1 May 2014)

IN THE HIGH COURT OF KIRIBATI 2014
CRIMINAL APPEAL NO. 10 OF 2013

BETWEEN

TEREITA KAMARAIA
APPELLANT

AND

THE REPUBLIC
RESPONDENT

Before: The Hon Chief Justice Sir John Muria

1 May 2014

Mr Teetua Tewera for Appellant
Mr Taburuea Rubetaake for Respondent

ORDER

This case was badly done by the Magistrate's Court. The applicant was tried on a Drunk and Disorderly charge contrary to section 167 of the Penal Code. He pleaded guilty. The evidence pointed to a Possession of Liquor charge, although the applicant was tried on the charge of Drunk and Disorderly. It was a very unsatisfactory trial and produced an unsatisfactory result. The application is better allowed and the applicant to be retried properly on the correct charge.

IT IS HEREBY ORDERED that:

(1) Application is allowed;
(2) The decision of the Magistrate's Court is quashed and
(3) Re-trial ordered.

Dated the 1st day of May 2014

SIR JOHN MURIA
Chief Justice