Republic v Beiata [2015] KIHC 41; Criminal Case 74 of 10 (29 June 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 74 OF 2010

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

BURENEITA BEIATA
ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

29 June 2015

Mr Waimauri Nawaia for Prosecutor
Ms Fuatino Noa for Accused (Absent)

PROCEEDINGS

Mr Nawaia: We have not located the Police file. We cannot locate the accused. We need an adjournment sothat we can locate the file.

Court: There is nothing to adjourn and there is no reason for an adjournment.

In 2011 the record speaks as follows:

On 1 April 2011 the case came up for mention but the accused was not produced and Prosecution sought adjournment. Then on 2 May 2011 the Prosecution again said they had not served the accused. It was the same story on 7 June 2011. Further on 7 July 2011 again the Prosecution had not located the accused.

There follows undated record by the Chief Registrar wherein Mr Taburuea for the Republic entered a nolle as the accused could not be found. The Chief Registrar recorded thus "do that as soon as possible". Nothing was done as per this order, although in my view the order was not necessary.

The Prosecution having entered a nolle there was nothing more to be done save for the Court to make an order that the case was discontinued and the file accordingly closed. If in case there was need for a formal nolle prosequi to be filed, then the order was disregarded as no nolle is on file. What is clear is that the Prosecution has failed to trace the accused and that is why they sought to enter a nolle.

In these circumstances any adjournment would not serve any useful purpose. The case is dismissed for want of prosecution and the case file closed.

Dated the 29th day of June 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge