Republic v Ioobu [2019] KIHC 141; Criminal Case 50 of 2017 (15 April 2019)

HIGH COURT OF KIRIBATI

Criminal Case № 50/2017

THE REPUBLIC

v

KABUTA IOOBU

Tewia Tawita for the Republic
Ryan West for the accused

FILE NOTE

[1] By information filed on 22 June 2017, the accused was charged with 1 count of defilement of an idiot or imbecile, contrary to section 135(b) of the Penal Code.

[2] That information did not comply with section 70 of the Criminal Procedure Code, and the Attorney-General filed a fresh information on 28 September 2018. This information added a second count, charging the accused with sexual intercourse with a collateral, contrary to section 158(1) of the Penal Code. A further information was filed by the Attorney-General on 25 October 2018, which expressed what had been count 2 as an alternative to count 1.

[3] 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.

[4] The accused is accordingly discharged.

[5] This file is to be closed.

Dated 15 April 2019.

Lambourne J
Judge of the High Court