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Republic v Teratabu [2007] KIHC 45; Criminal Case 48 of 2006 (23 January 2007)

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

High Court Criminal Case No. 48 of 2006

THE REPUBLIC

v

TEBWEUA TERATABU

For the Republic: Ms Pauline Beiatau
For the Accused: Ms Joelle Grover

Date of Hearing: 23 January 2007

MEMORANDUM

When the accused was arraigned this morning on the charge of murder he pleaded guilty. His counsel, Ms Grover, was not satisfied that that had been his intention. She told me that he is likely to answer in the affirmative any question put to him. The Assistant Senior State Advocate, Ms Pauline Beiatau, was prepared to accept a plea of guilty to manslaughter. The accused was arraigned again, pleaded guilty to manslaughter and Ms Grover was content with that.

During the early afternoon of 10th September 2005 at Ronton Kiritimati Island, the victim, Tebweua Teratabu, was sitting with others watching a video: the prisoner appeared from nowhere. The prisoner stabbed the victim on the right side of his stomach with a toddy knife. The victim was dead about 4 o’clock.

The prisoner admitted the stabbing: said the victim had been making him angry by teasing him.

There is a history of similar incidents. I notice in the psychiatric report of 28th September 2006 that in 1995 he was said to have been expelled from the MTC after trying to strangle a fellow trainee.

Dr Eritane Kamatie gave evidence this morning. The prisoner had been his patient on Kiritimati for five years or more. He is manic depressive. In 1999 Dr Kamatie referred him to the TCH after he had found him depressed, delusive and wielding weapons dangerous to his family. On his return to Kiritimati in 2000 the doctor kept him on medication. Up to two or three weeks before 10th September 2005 the prisoner had been visiting the doctor’s clinic every week and had been alright: subdued while taking medication. On 10th September the doctor found him more mentally disturbed than he had been when coming to the clinic regularly.

At my invitation Dr Kamatie examined the prisoner again this morning. I adjourned the Court and the doctor was left alone with the patient.

Dr Kamatie found him uncommunicative with indications of mental disorder: for the time being he is OK but in the long run there may be times when manic depression returns.

After further discussion during which the doctor said he would try to speak to the psychiatrist at the hospital, I ordered that the prisoner be remanded in custody for psychiatric assessment and treatment at the TCH and for a report on his mental condition to the High Court.

THE HON ROBIN MILLHOUSE QC
Chief Justice