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

High Court Criminal Case 55 of 2008

The Republic

v

Aekaua Kaata

For the Republic:		Ms Pauline Beiatau
For the Accused:		Ms Botika Maitinnara

Date of Hearing:		4 November 2008

SENTENCE

Koaa Binokatau and Aekaua Kaata: you have each pleaded guilty to failing to declare cash when you came back from overseas on 8 August 2008. You, Koaa, had on you AU$5,015 and US$2,500 and you, Aekaua, had AU$5,617.45, US$760 and FJ$54.64.

In 2005 Parliament made it an offence to bring into Kiribati more than $5,000 without declaring it. The maximum penalty for not declaring it is a fine of $12,000 or imprisonment for two years or both.

The Attorney General has applied, as Parliament has given him the right to do, for the forfeiture to the Republic of all the money you each had. 

These penalties shew how seriously Parliament now regards this offence.

You, Koaa, are 31, married with 4 children: a seaman by occupation. You were coming home after serving on a ship overseas. You say that only $515 of the Australian money was yours. Your sister had given you, before you left, AU$4,500 to buy her things in Hong Kong but your ship did not get there and you were bringing the money back to her. As for the US$2,500 another seaman had given you a sealed envelope for his wife saying it had in it letters and jewellery. You believed him, did not look inside the envelope and did not know it contained any money.

You, Aekaua, have been a seaman cook for nearly 30 years. You are married with four children. Ms Maitinnara explained you were paid in US dollars. The money you failed to declare came from your pay, tips and selling cigarettes on the ship. In Singapore you changed most of the money into Australian dollars. When filling in the form we all have to fill in coming into Kiribati you forgot about the money and ticked the wrong box, as if you did not have over $5,000 with you.

You are both first offenders and have pleaded guilty as soon as you could. That is in your favour and means a lesser penalty than otherwise.

Yet Parliament regards what you did as very serious. People must know that if they fail – even if by mistake or carelessness – to declare that they are bringing into Kiribati m ore than $5,000 they are likely to lose it all and be fined and may go to gaol as well.

Upon the applications by the Attorney General all the moneys seized – except for the $100 which was returned to each of you at the airport so you would not be stranded there – are forfeited to the Republic.

Accepting the submissions of your counsel in the absence of any contradictions, the forfeitures are a very severe penalty on you and your families. I remember that, in considering what other penalty I should impose.

I have decided that, as well as the forfeiture, there should be a comparatively small fine. No imprisonment in your cases.

You are each fined $500.00.

Time to pay?			Koaa			7 months
Time to pay?			Aekaua		1 month

In default of payment		Koaa			4 weeks
In default of payment		Aekaua		4 weeks

Dated the 6th day of November 2008

THE HON ROBIN MILLHOUSE QC
Chief Justice