High Court of Kiribati

Criminal Case № 23/2016

THE REPUBLIC

v

TUNGARU BINOKATAU

Teanneki Nemta for the Republic
Mantaia Kaongotao for the accused

FILE NOTE

[1]	By information filed on 4 March 2016, the accused was charged with 1 count of incest by a man, contrary to section 156(1) of the Penal Code (Cap.67).

[2]	That information did not comply with section 70 of the Criminal Procedure Code, and the Attorney-General filed a fresh information on 30 October 2018. On 16 November counsel for the accused advised that his client intended to plead not guilty, and the matter was fixed for hearing today.

[3]	Counsel for the Republic has now stated in court the Attorney-General’s desire to enter a nolle prosequi under section 68(1) of the Criminal Procedure Code.

[4]	The accused is accordingly discharged.

[5]	This file is to be closed.

Dated 6 May 2019.

Lambourne J
Judge of the High Court