Republic v Kabunana [2015] KIHC 54; Criminal Case 39 of 2012 (8 July 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 39 OF 2012

BETWEEN

THE REPUBLIC
PROSECUTOR

AND

TEBWABWAOUA KABUNANA
ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

8 July 2015

Mr Waimauri Nawaia for Prosecutor
Mr Reiati Temaua for Accused

COURT PROCEEDINGS

Mr Nawaia: We served the accused but is in Kiritimati Island. Since this is an old case I apply to be heard in Kiritimati Island.

Mr Temaua: The incident took place in South Tarawa and all the witnesses are from South Tarawa except the accused who is on Kiritimati Island. It would be waste of time to transfer the case to Kiritimati Island when witnesses are here. I pray the Court to invoke its inherent powers under s.300 of the Criminal Procedure Code and dismiss the case.

Mr Nawaia: We want to have it heard on Kiritimati Island because the accused will plead guilty. I cannot explain how I know the accused will plead guilty.

Court: The suggestion by the State that the case be transferred to Kiritimati Island simply because that is where the accused is located and that he will plead guilty is a fantasy to say the least. It would be the first time for Court to change venue just in a futile chase of the accused.

The history of this case since 4 September 2012 when the case was first mentioned is quite clear. It has since then been reported that the accused is in Kiritimati Island and as such could not be served. I do believe even this time the accused, who is allegedly in Kiritimati Island, has not been served contrary to what the learned State Attorney has said. He is simply laying ground for the fantastic request for the transfer in a bid to get an adjournment. The hard truth is that the prosecution has failed to trace the accused.

If we accepted his prayer to transfer the case, on reaching Kiritimati Island Counsel, who would not be seeing the accused, would turn around and request that the case be brought back here because all witnesses are in Tarawa. Thus engaging the Court in a dancing expedition.

I would agree with Counsel for the accused that this is a proper case in which this Court would invoke its powers under s.300(1) of the Criminal Procedure Code and dismiss this case for want of prosecution.

It is so dismissed.

Dated the 8th day of July 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge