Republic v Toawea [2015] KIHC 40; Criminal Case 1 of 2011 (29 June 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 1 OF 2011

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

BWARUA TOAWEA
ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

29 June 2015

Mr Waimauri Nawaia for Prosecutor
Mr Reiati Temaua for Accused

PROCEEDINGS

Mr Nawaia: The accused is absent. She is in the Marshall Islands. We are still waiting for the accused. We have information that she will be back from the Marshall Islands but we are not aware when she will come. She is coming because she is a Kiribati citizen. We have not confirmed that she is permanently resident in the Marshall Islands. We need more time to confirm whether she is a permanent resident or not.

Court: I do not find any reason and purpose for adjourning this case. On 1 April 2011 Ms Beiatau for the State told the Court that the accused is in the Marshall Islands and that they were trying to serve her. Then on 2 May 2011
Mr Rubetaake for the State stated that they were not able to serve the accused who is in the Marshall Islands. The case was again adjourned. The case was again in Court on 7 June 2011 but the accused was not produced in Court and the case was adjourned without a date.

Lastly this Court on 15 June 2015 fixed this case for hearing today. From what the learned State Attorney has said it is clear to me that the Republic is at a loss on what to do with this case.

It is now more than four years since they started singing the song of the accused being in the Marshall Islands. Apparently they have no solution and the song will be indefinite.

In these circumstances I have no option but to use my inherent powers and dismiss the case for want of prosecution. It is so dismissed.

Dated the 29th day of June 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge