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Republic v Baraatu [2009] KIHC 60; Criminal Case 24 of 2009 (28 October 2009)

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

HIGH COURT CRIMINAL CASE 24 OF 2009

THE REPUBLIC

V

TIIBOU BARAATU

For the Republic: Ms Pauline Beiatau
For the Accused: Mr Raweita Beniata

Dates of Hearing: 28 October 2009

JUDGMENT

Tiibou Baraatu is charged with murder:-

Particulars

Tiibou Baraatu on the 1st October 2008 at the house of Baraatu, Betio, Tarawa, murdered Itaia Kaere.

It happened some time in the early hours of Thursday 2 October at the house of Tiibou’s father.

The accused, a young man of 21 and the deceased, a man in his mid 40’s and others were drinking together. A quarrel arose between the accused and the deceased. The accused took a knife and stabbed the deceased several times. The deceased bled. He was taken first to the Betio hospital and then to Nawerewere. Dr Kabiri Tuune saw him at the TCH, made a report (Exhibit P1) and gave evidence. The deceased was admitted but died on the seventh day. In Dr Tuune’s opinion the cause of death was severe sepsis from a penetrating knife injury: one of the wounds that penetrated the bowel releasing bacteria.

No doubt about the cause of death.

Atanimakin Rabunataai was another of those drinking: it was fermented toddy. He described a "friendly contest – not fighting" between the accused and the deceased. Later:-

Tiibou took a piece of metal which I thought was a stick. Itaia shouted "He’s carrying a knife". Itaaia, Tiibou’s uncle, drinking with us. "And he has stabbed me and I’m dying". I saw it in his hand – I jumped at him and got rid of what he had in his hand. Itaaia was lying down injured.

The accused gave a caution statement (Exhibit P2) in which he admitted the stabbing:-

He was the one who started it by provoking me. In addition it was not my intention to wound the man but I lost my self-control.

17. How did he provoke you?

A. When I told the truth that he took a man’s money of about more than ten dollars.

17. Were you both drunk when you were arguing?
1. Yes, we were both drinking at Baraatu’s house.
   
17. How did you get an idea to injure him?
1. It was not my will because he wanted to fight with me.
   
17. How did you get the knife, did you already have it or you just took it during your argument?
1. I just took the knife when we were arguing because I was afraid when he was going to throw a stone at me.
   
17. Did he throw you with a stone?
1. Yes, but it missed me.
   

The accused did not give evidence. Mr Beniata relied on the caution statement to argue that either the accused acted in self defence or was provoked. Neither argument may be sustained.

Rather than take a knife and stabbed the deceased in self defence the deceased could easily have retreated, have run away. The stabbing was not in self defence.

Whether there was any provocation at all (which is doubtful) on the accused’s statement it certainly was not sufficient to justify taking a knife and stabbing the deceased. The accused was not even nearly sufficiently provoked to justify what he did.

A person who takes a knife and deliberately stabs another may be presumed to intend at least to cause grievous bodily harm, if not to kill. When the victim dies as a result of the wounds from the stabbing the person stabbing is guilty of murder.

The accused is guilty of murder.

THE HON ROBIN MILLHOUSE QC
Chief Justice