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Biira v Parole Board - Order [2019] KIHC 70; Civil Review 10 of 2017 (30 August 2019)

IN THE HIGH COURT OF KIRIBATI 2019


CIVIL REVIEW NO. 10 OF 2017


[TAUNTEANG BIIRA APPLICANT
[
BETWEEN [AND
[
[PAROLE BOARD RESPONDENT


Before: The Hon Chief Justice Sir John Muria


15 February 2019


Mr Teetua Tewera for Applicant
Ms Pauline Beiatau for Respondent


ORDERS ON JUDGMENT


The Chief Justice having heard this matter the following orders are made:


  1. The Order for detention of applicant in prison from 2 August 2017 to date is unlawful and certiorari is to issue to have it quashed.
  2. The applicant’s arrest is, however, lawful and the applicant to be removed from prison and kept in custody pending the hearing before the Parole Board.
  3. Parole Board to meet to properly consider applicant’s case, giving him opportunity to be heard at a date to be fixed by the Board within 7 days from the date of this Order.
  4. The Court shall hear parties on costs on date to be fixed by the Court.

Dated the 30th day of August 2019


SIR JOHN MURIA
Chief Justice


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