Republic v Bwebwe [2018] KIHC 93; Criminal Case 4 of 2016 (11 December 2018)

HIGH COURT OF KIRIBATI

Criminal Case № 4/2016

THE REPUBLIC

v

TEIKARAWA BWEBWE
TAAIA TOORUA
MARABU TEAKOI

Tewia Tawiita, Senior State Attorney, for the Republic
Teetua Tewera for the accused Teikarawa Bwebwe
Raweita Beniata for the accused Taaia Toorua

FILE NOTE

[1] By information filed on 21 January 2016, the 3 named accused persons were charged with 1 count of rape, contrary to section 129 of the Penal Code (Cap.67). The offence was alleged to have occurred on 8 December 2013.

[2] The information did not comply with section 70 of the Criminal Procedure Code, and a fresh information (in the same terms) was filed by the Attorney-General on 1 August 2018.

[3] It later transpired that the accused Marabu Teakoi had died sometime in 2014.

[4] Counsel for the Republic has today stated in court the Attorney-General’s desire to enter a nolle prosequi under section 68(1) of the Criminal Procedure Code in respect of all accused persons.

[5] The accused are accordingly discharged.

[6] This file is to be closed.

Dated 11 December 2018.

Lambourne J
Judge of the High Court