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Republic v Binokatau [2019] KIHC 142; Criminal Case 23 of 2016 (6 May 2019)

HIGH COURT OF KIRIBATI


Criminal Case № 23/2016


THE REPUBLIC


v


TUNGARU BINOKATAU


Teanneki Nemta for the Republic
Mantaia Kaongotao for the accused


FILE NOTE


[1] By information filed on 4 March 2016, the accused was charged with 1 count of incest by a man, contrary to section 156(1) of the Penal Code (Cap.67).

[2] That information did not comply with section 70 of the Criminal Procedure Code, and the Attorney-General filed a fresh information on 30 October 2018. On 16 November counsel for the accused advised that his client intended to plead not guilty, and the matter was fixed for hearing today.

[3] Counsel for the Republic has now 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 6 May 2019.


Lambourne J
Judge of the High Court


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