Republic v Taabwai [2018] KIHC 95; Criminal Case 73 of 2016 (17 December 2018)

HIGH COURT OF KIRIBATI

Criminal Case № 73/2016

THE REPUBLIC

v

TEEKEA TAABWAI

Tewia Tawiita, Senior State Attorney, for the Republic
Mantaia Kaongotao for the accused

FILE NOTE

[1] By information filed on 11 August 2016, the accused was charged with 6 offences: 1 count of rape, contrary to section 129 of the Penal Code; 1 count of causing grievous harm, contrary to section 220 of the Penal Code; 1 count of buggery, contrary to section 153(a) of the Penal Code; 2 counts of common assault, contrary to section 237 of the Penal Code; and 1 count of committing a domestic violence offence, contrary to section 33(1)(a) of Te Rau n Te Mweenga Act 2014.

[2] The information did not comply with section 70 of the Criminal Procedure Code. When the matter came on for trial this morning, counsel for the prosecution was not in a position to file a valid information. Furthermore, she indicated that the complainant was unwilling to testify, as she and the accused had reconciled.

[3] There being no valid information, this matter is struck out and the accused is discharged.

[4] This file is to be closed.

Dated 17 December 2018.

Lambourne J
Judge of the High Court