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Republic v Mbwe [2008] KIHC 51; Criminal Case 35 of 2008 (21 October 2008)

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

High Court Criminal Case 35 of 2008

The Republic

v

Beiaraa Mbwe

For the Republic: Ms Ruria Iteraera
For the Accused: Sr Bernadette Eberi

Date of Hearing: 21 October 2008

JUDGMENT
(Ex Tempore)

The applicant is charged with embezzlement when employed on Nikunau by Solar Energy. The amounts embezzled are not disclosed in the charge. The crimes are alleged between 1 August 2005 and 31 January 2006. The applicant’s affidavit shews that he gave the police a statement on 27 August 2006 and that all witness statements had been taken by 8 September 2006. The application asserts that by 21 October 2006 the police investigation was finished. Yet the indictment was not filed until 3 June 2008.

Ms Iteraera cannot explain the delay except to say the facts were complex although the accused had admitted guilt: she said the Attorney General’s staff was overworked. I do not accept overwork as an excuse.

This is the latest in a regrettably long line of cases in which I have granted stays of prosecution because of what I considered inexcusable delay. I refer only to Republic v Betero Etuati et anor (CrC 2/03) and Republic v Taeboa Tabanga (CrC 19/07). I shall not repeat what I said in those cases about delay: what I said is equally relevant to this case.

The application is granted: the proceeding is stayed.

Sr Bernadette applies for costs. Application refused.

THE HON ROBIN MILLHOUSE QC
Chief Justice