In the High Court of Kiribati
Criminal Jurisdiction
Held at Betio
Republic of Kiribati

High Court Criminal Case 22 of 2000

The Republic

vs

Riakaewe Teiberu

For the Republic: Ms Pole Tebao, Assistant Senior State Advocate
For the Accused: Mr Neil Allen, People's Lawyer

Date of Hearing: 17 July 2001

JUDGMENT

The accused, Riakaewe Teiberu, has pleaded not guilty to a charge of having sexual intercourse with a 12-year-old girl on 23 January 2000. This matter was adjourned for trial to today's date on 20 April 2001. When the case was called on this morning Ms Tebao, for the prosecution, informed the Court that no arrangements had been made to transport her witnesses from Tabiteuea for the trial. She asked for an adjournment to allow them to attend. By way of explanation, Ms Tebao could only suggest that, despite the case being noted in the office diary, there had been some internal breakdown in communication.

Understandably Mr Allen for the accused, opposed the adjournment application. In the circumstances I refused Ms Tebao's request. This Court has often said that a failure by the prosecution to properly prepare a case for trial will not normally provide grounds for an adjournment. Ms Tebao pointed to the seriousness of the charge as a reason for granting the prosecution some latitude, together with the fact that it carries a maximum penalty of life imprisonment. I am of the view that these matters afford her no assistance. On the contrary, with a charge as serious as this it is incumbent upon the prosecution do all they can to ensure that the trial proceeds. If there are problems within the Attorney-General's office then it is for the Attorney and the Director of Public Prosecutions to remedy them. This Court will not rescue them from disasters of their own making.

Upon my refusal to grant an adjournment, Ms Tebao offered no evidence. Accordingly I found the accused not guilty and discharged him.

David Lambourne
Commissioner
17 July 2001