Republic v Roy [2015] KIHC 17; Criminal Case 41.2013 (29 April 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 41 OF 2013

BETWEEN:

THE REPUBLIC
PROSECUTOR

AND:

SUBASH CHANDRA ROY
ACCUSED

Before: The Hon Justice Vincent Zehurikize

Mr Taburuea Rubetaake for Prosecutor
Ms Kiata Kabure for Accused

RULING

Zehurikize, J: I have decided to make this on short ruling given the nature and circumstances of this case.

This is an application to stay the criminal proceedings on account of delay to prosecute the applicant/accused.

The brief facts of the case are that the applicant is alleged to have carried out business in Tabiteuea North without a valid Certificate of Registration required under s.16 of the Foreign Investment Act 1985. It is alleged in the particulars of offence that this happened between 2011 and 2012. According to the applicant, investigations in this matter were completed on 17 July 2012 and his statement having been taken on 14 July 2012. These averments are not rebutted.

That being the case it is not explained why the prosecution never registered this case in Court until 28 October 2013 for a period of one year and some three months. As if this was not enough, the prosecution abandoned their case in Court until January this year, as can be seen from paragraph 8 of the affidavit in support of the application. Again it is not explained why the case had to take more than a year, after its registration in Court, before the accused could be called upon to take a plea or answer the charges against him.

The accumulative effect of all this is that the applicant was called upon to defend himself after more than two years from the alleged time of the commission of the offence. No reason is adduced by the prosecution for this inordinate delay. If this is not a travesty of justice then what is it? One wonders whether the prosecution of this case is not intended to keep the applicant out of business since July 2012, as it has actually done.

I find that failure and or neglect to start prosecution of the accused person for more than two years and some five months or so, without any sound reason, offends the Court's sense of justice and propriety and continued prosecution of this case is uncalled for hardship on the accused.

The Court's sense of justice and the practice and policy of the Court is that cases should be prosecuted without unreasonable delay. Unwarranted indulgence in delayed prosecution is not only a travesty of justice but also old fashioned and would not be sanctioned by this Court.

For the above reasons I am constrained to order for the stay of the criminal proceedings in this case. For that matter the application is allowed and the criminal proceedings in criminal case No. 41/2013 are stayed. Order accordingly.

Dated the 29th day of April 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge