Timea v Republic [2015] KIHC 86; Criminal Appeal 10 of 2014 (19 March 2015)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL APPEAL NO. 10 OF 2014

BETWEEN

TEATI TIMEA
APPELLANT

AND

THE REPUBLIC
RESPONDENT

Before : The Hon Mr Justice Vincent Zehurikize

19 March 2015

Mr Teetua Tewera for Appellant
Mr Taburuea Rubetaake for Respondent

PROCEEDINGS

Mr Tewera: I am ready to proceed. I have discussed with my colleague and they are not opposed.

Mr Rubetaake: That is the position.

Court: Since the application is not opposed and on perusing the record I find that there is sufficient cause to grant the needed leave, the application is allowed. Leave to file an appeal out of time is granted. The applicant is to file the appeal within 14 days from today.

Before I take leave of the matter I wish to observe that the application was filed as an appeal and given an appeal number. This is wrong. An application is a different court process from the appeal. They should not be confused otherwise Court will never know what it is dealing with.

I must warn that if the appeal, once filed, is given the same number as this application it will be incompetent and will deserve to be struck out. In future applications of this nature must be filed as applications and not as appeals because they are not.

Dated the 19th day of March 2015

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge