Republic v Ioane [2018] KIHC 82; Criminal Case 60 of 2017 (24 August 2018)

HIGH COURT OF KIRIBATI

Criminal Case № 60/2017

THE REPUBLIC

v

TAKURE IOANE

Tewia Tawiita, Senior State Attorney, for the Republic
Raweita Beniata for the accused

FILE NOTE

[1] By information dated 30 August 2017 the accused was charged with 1 count of rape, contrary to section 128 of the Penal Code (Cap.67).

[2] That information did not comply with section 70 of the Criminal Procedure Code, and a fresh information was filed by the Attorney-General on 20 July 2018.

[3] It transpires that this matter is a duplicate of a case that proceeded before Zehurikize J on 11 March 2015 (HCCrC 35/2013). There the accused pleaded guilty to offences of indecent assault and burglary and was sentenced to imprisonment for 2 years, suspended for 2 years. The identity of the complainant and the date of the offences in that matter are identical to those in the case before me.

[4] This morning counsel for the Republic, on behalf of the Attorney-General, has entered a nolle prosequi under section 68(1) of the Criminal Procedure Code in respect of the information dated 18 July 2018.

[5] The accused is accordingly discharged with respect to that information.

[6] This file is to be closed.

Dated 24 August 2018.

Lambourne J
Judge of the High Court