Kaitaake v Republic [2016] KIHC 10; Criminal Appeal 06 of 2015 (21 July 2016)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL APPEAL NO. 6 OF 2015

BETWEEN

ANTEREA KAITAAKE
APPELLANT

AND

THE REPUBLIC
RESPONDENT

Before: The Hon Chief Justice Sir John Muria

21 July 2016

Mr Banuera Berina for Appellant
Mr Taburuea Rubetaake for Respondent

JUDGMENT

Muria, CJ: Having heard Counsel for the appellant and the Republic, and in the absence of any record of what took place in the Magistrates’ Court before the conviction and sentence of the appellant, the proper course for this Court to take is to set aside the convictions and sentences imposed on the appellant and order a re-trial.

ORDER: 1. Appeal allowed;

2. Convictions and sentences imposed by the Magistrates’ Court on the appellant on 16 June 2015 are set aside; and

3. The case is sent back to the Magistrates’ Court for retrial.

Dated the 21^st day of July 2016

SIR JOHN MURIA
Chief Justice