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Republic v Fukuyama [2025] KIHC 15; Criminal Case 00312 of 2025 (2 April 2025)

IN THE HIGH COURT OF KIRIBATI

HIGH COURT CRIMINAL CASE 2025-00312

BETWEEN: THE REPUBLIC

AND: FREDERICK FUKUYAMA

Date of Hearing: 2 APRIL 2025
Date of Judgment: 2 APRIL 2025

Appearances: Ms Tumai Iaokiri for the Republic

Mr Dimitri Murdoch for the Accused

R U L I N G

On 13 August 2024, the accused, Mr. Frederick Fukuyama, was charged with one count of possession of a substance contrary to section 8(b) of the Dangerous Drugs Ordinance, Cap. 23.

The matter underwent several Pre-trial Conferences (PTCs) for preparation before the trial. The last PTC was held on 12 March, during which both Counsels for the Republic and the Accused agreed that the case was ready for hearing; consequently, the hearing was scheduled for today.

Counsel Iaokiri for the Republic informed this Court that she was present for the other two cases also listed today, but not for this matter. The responsible Counsel, Ms. Nemta, has not provided her instructions and cannot take over the case as she has not done any preparation.

Counsel for the accused submitted that the case should be struck out for want of prosecution at the discretion of the court. Counsel Iaokiri stated that the offence is serious and it would not be fair to the Republic as a victim if the case were struck out.

Having considered this matter, I agree with Counsel for the Accused that the case should be struck out. There has been no reason provided to this Court for the absence of the responsible Counsel at today’s hearing. Counsel was aware of the hearing date; evidence of service is in the file. It is unfair for the accused to have this charge hanging over him while the Prosecution is not serious about this case.

In light of the above reasons, the case against the accused is struck out, and the charge against him is dismissed.

Order accordingly.

THE HON TETIRO SEMILOTA MAATE MOANIBA
Chief Justice