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Republic v Tabureka [2003] KIHC 73; Criminal Case 19 of 2003 (30 May 2003)

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

Criminal Case No. 19 of 2003

THE REPUBLIC

vs

IARAM TABUREKA

For the Republic: Ms Melissa Kent
For the Accused: Ms Jacqueline Huston

Date of Hearing: 30 May 2003

SENTENCE

Iaram Tabureka: you have pleaded guilty to conversion.

Towards the end of 2000 your employer, the Broadcasting and Publications Authority sent you to a Conference at the Hyatt Hotel in Auckland. The BPA paid your fare, $1383.00. It was understood that the Conference organizers in Auckland would give you $1383.00 and you would repay it to the BPA. When you came home you could repay only $100.00. In a letter you admitted having spent the rest. You said, "sometimes one gets easily carried away and could not resist the temptation of being alone in a hotel room and wanting to have companies of exotic and beautiful ladies from a different country".

This is a temptation which men have experienced probably for thousands of years when separated, as you were, from their wives and families. You have repaid all the money you spent by deductions from your salary.

The BPA continues to employ you in a senior capacity. The General Manager has written an open letter in your support.

In the circumstances I expressed surprise that you were charged at all. Ms Melissa Kent who, with permission, prosecuted told me that persons employed in such a position as yours must know that they will be punished if they use for wrong purposes money entrusted to them.

The charge was not laid until 3 April 2003, an inexcusable delay, leading you to think, as Ms Huston said, that the matter was closed.

You are married with five children. This is your first offence.

You should not have used moneys not belonging to you to give into the temptation. For that reason you should pay some penalty. In view of your personal circumstances, that it is your first offence, that you continue to be employed by the BPA in a senior position and particularly because of the delay of 2½ years in charging you, you are fined $75.00.

Dated the 30^th day of May 2003

THE HON ROBIN MILLHOUSE QC
CHIEF JUSTICE