Republic v Beru [2017] KIHC 4; Criminal Case 27 of 2015 (21 February 2017)

IN THE HIGH COURT OF KIRIBATI

CRIMINAL CASE NO. 27 OF 2015

[THE REPUBLIC PROSECUTOR
[
BETWEEN [AND
[
[KAREWENNANG BERU ACCUSED

Before: The Hon Mr Justice Vincent Zehurikize

7 December 2016

Ms Tewiia Tawita for the Prosecutor
Mr Reiati Temaua for the Accused

SENTENCE

Zehurikize, J: I have considered submissions by both Counsel. It is correct to say that the offence of perjury is a serious one and that is why it attracts a severe sentence of seven years’ imprisonment as the maximum.

On the other hand it is on record that the convict pleaded guilty thereby saving the Court’s time and scarce resources. The earlier conviction of selling liquor, in my view, is not an offence which carries moral turpitude. It is submitted that in an earlier case she had given evidence in a rape case incriminating her husband, then the accused.

Later during the trial she made about turn saying that she had falsely incriminated her husband. The victim was her daughter by another man. Why she made this turn-around is only everyone’s conjecture. But it transpired that there were family forces in the background. She appears remorseful though her actions might have hurt her daughter in a bid to save her husband. However, it appears the whole family is now together living happily.

Considering all the circumstances of this case and the trauma the family has gone through and doing the best I can I sentence the convict to a term of 12 months’ imprisonment which is suspended for the same period on account of good behavior. In case she commits any other offence she will serve this sentence in addition to any punishment for the subsequent offence.

Dated the 21^st day of February 2017

THE HON MR JUSTICE VINCENT ZEHURIKIZE
Judge