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Republic v Terakau [2003] KIHC 74; Criminal Case 45 of 2001 (30 May 2003)

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

Criminal Case No. 45 of 2001

THE REPUBLIC

vs

TAUA TERAKAU

For the Republic: Mr Tion Nabau
For the Accused: Mr Aomoro Amten

Date of Hearing: 17 & 18 June 2002

SENTENCE

Taua Terakau: you were charged with murder and pleaded not guilty. Before the trial was finished you changed your plea to guilty of manslaughter. The prosecution accepted this plea, acknowledging that at the time of the killing you were acting with diminished responsibility.

It was a terrible crime. Between eight and nine one Saturday morning at London on Christmas Island you went into the house of your neighbours and friends and stabbed their 8 year old son, who with his sister was lying on a bed. The boy died within the hour. It was an awful, senseless crime and the best evidence of your mental derangement.

The delay in completing the case has been due to the unwillingness or inability of the psychiatrist at the Central Hospital to express an opinion which could help or guide the court. All she will now say is that you have schizophrenia. Fortunately Br Kevin Dobbin, Technical Assistant to the Kiribati Counselling Programme had seen you, came to court, heard you give evidence and then gave evidence himself. I felt I needed all the help I could get and so, despite the objection of the prosecution that Br Kevin was not qualified to give expert evidence, I allowed him to express an opinion. Br Kevin's opinion is that you suffered at the time of the killing "a paranoid psychotic episode": that you were not in a fit state to be fully aware of what you were doing.

The problem is what should be done now in your interests and in the interest of the safety of the community. The psychiatrist is at present treating you at the hospital as an out patient. Presumably that will continue.

You should be in prison for a substantial time. Eventually the Parole Board will be asked to consider your case. I hope most earnestly that when they do the members before deciding whether to release you or not will take into account your mental condition and whether you would be a danger to the community if released.

You have been in custody since the date of the crime, 1^st December 2001. You are sentenced to imprisonment for nine years to run from that date, 1^st December 2001.

Dated the 30^th day of May 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE