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Republic v Ioati - sentence [2003] KIHC 137; Criminal Case 49 of 2003 (6 November 2003)

IN THE HIGH COURT OF KIRIBATI
CRIMINAL JURISDICTION
HELD AT BETIO
REPUBLIC OF KIRIBATI

Criminal Case No. 49 of 2003

THE REPUBLIC

vs

NEI KAMEAU IOATI

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Taoing Taoaba

Date of Hearing: 3 November 2003

SENTENCE

Kameau Ioati: you have pleaded guilty to one count of giving a false statement on oath, three counts of forgery and one count of obtaining money on a forged instrument. The offences were all part of a course of conduct.

Your father, Ioati Tekunei, was entitled to $1480, the payment being made by the Government to those who took part in the strike in 1980. Your father was on Nikunau and in January 2002 wrote to you, asking that you collect the money for him. This is what he wrote:

Kindly attempt to get my money, as it would be difficult for me travel over. Therefore kindly arrange for its release and withdraw it because you are the only one I can trust. Upon receipt kindly Telmo it over. Please remember to do this from there because you are the only one I can trust.

To collect the money you had to shew your birth certificate. When you applied at the Birth Registry for the certificate it couldn't be found. You then asked for and obtained a copy of your younger sister's, Tebweau's, birth certificate. Having obtained it you then used her name and forged her signature to get the money.

This is the version of the facts put to me by Ms Taoaba. Ms Beiatau, the prosecutor, offered a version less favourable to you. As the two versions cannot be entirely reconciled I accept the version more favourable to you.

Ms Taoaba said that the family needed the money urgently. You sent $400 to your father in Nikunau, gave $150 to another sister and used the rest yourself. You did not think you had done anything wrong as you were acting with your father's authority and he was entitled to the money.

Later, your sister Tebweau, complained and caused your father, who has since died, to complain. The dishonesty became known.

You have two daughters by your first marriage: they are living on Butaritari with your present husband. Some of the money which you kept for yourself you used when you went to Butaritari for the first time after your marriage.

These are your first offences and you have pleaded guilty. What you did was dishonest and fraudulent but I accept Ms Taoaba's submissions that it was all done innocently. I take these three matters into account in your favour.

Nevertheless, these offences are serious and require a sentence of imprisonment. The most serious is the last, obtaining money on a forged instrument. On that count you will be imprisoned for nine months. On each of the other counts you will be imprisoned for three months. The sentences will be served concurrently. That means a total of nine months' imprisonment in all.

The sentences will be suspended on your promising to be of good behaviour for the next two years. If you do not commit any other offence in the next two years then you will not have to go to gaol for this nine months. If you do commit another offence then you will be punished for that and will also be liable to go to gaol for this nine months as well.

Do you understand?
Do you agree?

Dated the 6^th day of November 2003

THE HON ROBIN MILLHOUSE QC
Chief Justice