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

High Court Criminal Case No. 14 of 2007

BETWEEN:

THE REPUBLIC

AND:

NEI TOOTA METAI

For the Republic: Ms Pauline Beiatau & Ms Tumai Timeon
For the Accused: Ms Botika Maitinnara

Date of Hearing: 24 September 2007

JUDGMENT

The accused, Nei Toota Metai, is charged with murdering her husband:-

Particulars

On the 17th day of May 2007 at Betio, South Tarawa in the Republic of Kiribati Nei Toota Metai murdered Burete Tom.

They had been together over four years. On the day before his death they had a row. Burete left home and did not come back to sleep. The next day Nei Toota was drinking. In the early evening she went to Taam’s house. She asked Tenamo Otea who was there drinking on his own, to call her husband. Tenamo did so. Burete came. The couple continued the argument. They were both drunk. Tenamo was standing right next to them but took no part. He did, though, see Nei Toota bend down. He thought she was going for her husband’s testicles but he heard Burete say, "That lady stabbed". Burete walked away, collapsed in the puddle and bled. Blood was seen in the puddle. He was taken to hospital. 

Dr Tioboa Timeon examined him: he was gasping: no pulse was detected: resuscitation was attempted without success. He died seven minutes after arrival. The doctor saw a wound on the deceased’s right thigh 4cm long and ½cm wide. It may have caused by a sharp object. In his opinion death was due to haemorrhagic shock, resulting from acute blood loss. In laymen’s words, Burete had bled to death.

Later that evening Taam Kauabanga, at whose house this took place and who was called after the wound was inflicted, found a knife:-

Knife lying beside our house: beside track leading to house. Very close to house. Maybe three paces from where man had been lying bleeding.

The knife had a 3" blade: it was not Taam’s.

Nei Toota gave evidence. She denied having inflicted the wound, knowing anything about it, who could have caused it:-

I was there beside him. He went and fell down. Don’t know what happened to him. Not sure of cause of death: maybe the blood …. Blood – I did not see his wound until at hospital – leg injured. Got it early evening. Fell down by Taam’s fence. When he walked away he fell down: didn’t bother at first but when he was gasping we saw blood in puddle. I don’t accept it was I who injured him: my husband: I loved him. I meant we should drink and go home. I never even stabbed him. No idea how he got wound. When he was drunk he always wanted to commit suicide.

The evidence is overwhelming that it was the accused who inflicted the wound which caused death. Nei Toota was seen to stoop down: the deceased said she stabbed him. No one else has been suggested as the culprit: on the facts there is no one else. I discount the suggestion of suicide.

I conclude beyond reasonable doubt that the accused wounded the deceased so severely that he bled to death.

Circumstances point to the knife being the weapon: it may not have been but the wound described must have been caused by the accused using some object: could not have been inflicted with bare hands.

The only alternative to a verdict of murder would be manslaughter. Manslaughter was not put as a defence but I must consider it. Given her denial of responsibility the accused could not say she did not mean to kill, that it was an accident, unintended. She said several times she loved Burete but that is not enough to raise a reasonable doubt that the prosecution has proved murder. There is no evidence from the witnesses other than that the accused stooped down and afterwards the deceased was wounded. Unexplained, the accused’s actions shew a deliberate intention to cause serious bodily harm and from that harm Burete died.

The prosecution has proved the case beyond reasonable doubt. The accused is guilty of murder.

Dated the 26th day of September 2007

THE HON ROBIN MILLHOUSE QC
Chief Justice