Republic v Tamoa [2019] KIHC 163; Criminal Case 72 of 2017 (22 March 2019)

HIGH COURT OF KIRIBATI

Criminal Case № 72/2017

THE REPUBLIC

v

RAITITI TAMOA and AANA TEIWAKI

Pauline Beiatau, Director of Public Prosecutions, for the Republic
Ryan West for Raititi Tamoa
Teetua Tewera for Aana Teiwaki

FILE NOTE

[1] By information filed on 13 October 2017, the 2 accused were jointly charged with 1 count of sexual intercourse with a collateral, contrary to section 158(1) of the Penal Code (Cap.67).

[2] That information did not comply with section 70 of the Criminal Procedure Code, and a fresh information (in the same terms, but charging each accused separately) was filed by the Attorney-General on 25 October 2018.

[3] Counsel for the Republic has this morning 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 both accused.

[4] The accused are accordingly discharged.

[5] This file is to be closed.

Dated 22 March 2019.

Lambourne J
Judge of the High Court