Republic v Tareka [2018] KIHC 85; Criminal Case 71 of 2017 (31 August 2018)

HIGH COURT OF KIRIBATI

Criminal Case № 71/2017

THE REPUBLIC

v

NATIERI TAREKA

Tewia Tawiita, Senior State Attorney, for the Republic
No appearance by or for the accused

FILE NOTE

[1] By information dated 12 October 2017 the accused was charged with 1 count of setting fire to crops and growing plants, contrary to section 314 of the Penal Code (Cap.67).

[2] The file has lain in the registry since the information was filed, and today was the first time the matter has been called on. The accused is believed to be on Onotoa, where the offence was alleged to have been committed.

[3] The Magistrates’ Court has jurisdiction to try this offence, the Court’s jurisdiction having been extended by order of the Chief Justice dated 30 July 2003 under section 28 of the Magistrates’ Courts Ordinance (Cap.52).

[4] Given this, counsel for the Republic, on behalf of the Attorney-General, has entered a nolle prosequi under section 68(1) of the Criminal Procedure Code (Cap.17).

[5] The accused is accordingly discharged.

[6] This file is to be closed.

Dated 31 August 2018.

Lambourne J
Judge of the High Court