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Republic v Tamaere [2004] KIHC 155; Criminal Case 66 of 2003 (4 February 2004)

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

High Court Criminal Case No. 66 of 2003

THE REPUBLIC

vs

TIKAU TAMAERE

For the Republic: Mr Daniel Gorman
For the Accused: Ms Taoing Taoaba

Date of Hearing: 2 February 2004

SENTENCE

Tikau Tamaere: you have pleaded guilty to conversion which attracts a maximum penalty of imprisonment for seven years. In 2002 you had been employed by Nei Aileen Nitya and her husband as a manager of the night club called Midtown Bar at Betio which was at the time run by Nei Aileen and her husband. Nei Aileen also owns Kiribati Motor Company.

I am told that your job as manager of the night club bar involves the collection and keeping of the night club money collection every night when it is open and also paying the wages of Nei Aileen and her husband’s employees.

In May 2002 Aileen Nitya left for Fiji and left the night club in your care and also instructed you to arrange for them (Aileen and her husband) for the purchase of a boat from one Tebau. She also gave you a blank cheque No. 006257 from account 01-17384401 which she signed and dated but left the amount blank for you to insert later on for the payment of the wages of workers for the night club and garage.

In May 2002 you handed over the cheque to account staff (I assume of Nei Aileen’s business) who properly filled up the blank cheque and inserted the amount of $1,455.50 for the payment of the wages of the workers of the bar and the garage. However when the account staff presented the cheque to the Bank of Kiribati to cash there was insufficient amount in the account to cash that cheque and so the account staff returned the cheque to you.

On 30 August 2002 you presented the same cheque to the Bank of Kiribati to cash which was cashed. You thus misappropriated the amount of $1,455.50. Nei Aileen found out on the same day when you cashed that cheque in the amount of $1,455.50, missing from her bank account because when she presented her cheque with the Bank to cash in the amount of $698.05 the Bank rejected the cheque.

The following are mitigating factors in your favour:

On 3 September 2002 you informally confessed to the investigating police officer that you had cashed the cheque without the authority of Nei Aileen. I am told that you have been remorseful for what you did and you have also confessed and apologized to Nei Aileen and her husband.

On 3 October 2002, you entered into an agreement with Nei Aileen and her husband to repay the amount which you had misappropriated and by the end of October 2002 I am told that you had fully repaid the amount.

I am told also that you had paid $640 for Tebao’s boat which Nei Aileen and her husband had instructed you to purchase for them, and that you had misappropriated the rest of that amount of $815.50 for yourself.

I am also told that you are a married man, have five children whose ages range from 10 to two years old. Three of your children are attending primary school while the other two are too young to attend school. Your wife is working full time and so you look after the two young ones whilst the wife is away at work during the day.

Your mother who is over 70 years old lives with you and your family and you are also looking after her.

You are a first offender and have pleaded guilty at the first available opportunity but the trial had been delayed because you were under the impression that Nei Aileen and her husband were not going to proceed with their complaint.

Ms Taoaba suggested that you be given a suspended sentence and Mr Gorman also agrees but suggests that it must be made clear to you that the offence of conversion is a serious offence.

However what you had done namely misappropriating your employers’ money is a serious offence and I consider that the appropriate penalty under the circumstances is a sentence of imprisonment.

So taking into account all the circumstances together I sentence you to imprisonment for six months. The term of imprisonment will be suspended on your promising to be of good behaviour for the next 18 months.

This means that: if you do not commit another offence in the next 18 months then you will not have to go to gaol to serve this six months. However if you do commit another offence in that time and you are found guilty and sentenced to be imprisoned for that offence then you will have to serve this six months and as well as the new sentence of imprisonment for the new offence.

Dated the 4th day of February 2004

THE HON MR JUSTICE MICHAEL N TAKABWEBWE
Judge