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Republic v Taukoriri [2009] KIHC 5; Criminal Case 6 of 2009 (19 February 2009)

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

High Court Criminal Case 6 of 2009

The Republic

v

Naare Taukoriri
Mackenzie Taratieru

For the Republic: Ms Ruria Iteraera
For the Accused: Ms Taoing Taoaba

Dates of Hearing: 19 February 2009

REFUSAL OF STAY OF PROCEEDINGS
(Ex Tempore)

Application for stay of criminal proceedings by Naare Taukoriri. Although on the face of it the delay is inordinate – the offence alleged in July 2006 and the indictment filed in January 2009 – the prosecutor asserted that the delay of 13 months between the offences alleged and the original complaint to the police came from the concealment by the accused of what he had done. Ms Taoaba did not dispute this. No one should be able to take advantage of his own wrongdoing (here the concealment). That being so I refuse the application.

The co-accused, Mackenzie Taratieru is variously said to be in Tuvalu or dead in New Zealand.

THE HON ROBIN MILLHOUSE QC
Chief Justice