In the High Court of Kiribati
Civil Jurisdiction
Held at Betio
Republic of Kiribati

Civil Case 12 of 2003

Between:

Bakoa Teboo
Tawanga Kabotoa
Plaintiffs

And:

Attorney General in respect of
Commissioner of Police
Defendant

For the Plaintiffs: Ms Jacqueline Huston
For the Defendant: Mr Daniel Gorman

Date of Hearing: 24 March 2004

REASONS FOR ORDER

I have already published reasons for decision on a preliminary point.

I consider first the claim of the plaintiff Bakoa Teboo. My endorsement on the file in criminal case 14 of 2000, the Republic vs Bakoa Teboo is:-

25 June 2001: Finding of Not Guilty. Ms Hibling asks for costs for witnesses. Costs allowed: quantum for discussion with prosecution in hope of agreement. For mention on 6 July.

6 July 2001: Ms Hibling informed the Court that the Republic has agreed to pay $350 towards her client's costs: to be paid into Court within 14 days of today.

Bakoa has already had his order. Despite Ms Huston's forceful submissions I accordingly make no further order in his favour nor any order for costs for or against him.

I come now to the claim of the plaintiff Tawanga Kabotoa. Having heard argument from Ms Huston and Mr Gorman I make an order that the Republic pay to Tawanga the sum of $200 for the trouble and expenses to which he or any of those contemplated in section 154(2) of the Criminal Procedure Code had been put. The order is pursuant to Section 154(2) and (3) of the Code.

I also make an order for Tawanga's costs of action and fix the costs at $238.

Mr Gorman suggested I should make it clear that my first order in relation to Tawanga is pursuant to Section 154 of the Code as there may be no funds appropriated by Parliament out of which payment may be made. At first I rejected the suggestion but on second thoughts realise it is a good one and I now follow it.

The order for Tawanga's costs of action is independent of section 154. It follows from his success in obtaining an order, costs following the event.

ORDER

No order in relation to the first plaintiff.

Pursuant to section 154 of the Criminal Procedure Code, the defendant pay to the second plaintiff $200 on account of his trouble and expenses. The second plaintiff to have his costs of action which I fix at $238.

Dated the 26th day of March 2004

THE HON ROBIN MILLHOUSE QC
Chief Justice