Republic v Eurobwa [2019] KIHC 165; Criminal Case 34 of 2016 (29 March 2019)

HIGH COURT OF KIRIBATI

Criminal Case № 34/2016

THE REPUBLIC

v

ERIA EUROBWA

Pauline Beiatau, Director of Public Prosecutions, for the Republic
Reiati Temaua for the prisoner

FILE NOTE

[1] By information filed on 29 March 2016, the prisoner 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 a fresh information was filed by the Attorney-General on 3 December 2018, charging the prisoner with 5 counts of incest by a man.

[3] On 7 December, the prisoner pleaded guilty to all counts, and submissions on sentence were received from counsel. The matter was then adjourned to enable the defence to obtain a medical report concerning the prisoner’s mental health.

[4] On 21 February 2019, before the matter could resume, the prisoner was admitted to hospital, and he died 2 days later. I have been provided with a copy of the death report from the prison. As this is technically a death in custody, I understand that steps are underway to conduct the death inquiry required by section 6 of the Death and Fire Inquiries Ordinance (Cap.24).

[5] In the circumstances, the information is dismissed. This file is to be closed.

Dated 29 March 2019.

Lambourne J
Judge of the High Court