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Republic v Tioti [2019] KIHC 155; Criminal Case 89 of 2016 (14 January 2019)

HIGH COURT OF KIRIBATI

Criminal Case № 89/2016

THE REPUBLIC

v

BWAKOUA TIOTI and BURUNO TIRIKAI

Tewia Tawiita, Senior State Attorney, for the Republic
Reiati Temaua for Bwakoua Tioti
Raweita Beniata for Buruno Tirikai

FILE NOTE

[1] By separate informations filed on 19 September 2016 the 2 accused were each charged with 1 count of incest, contrary to section 156 of the Penal Code (Cap.67).

[2] Neither information complied with section 70 of the Criminal Procedure Code. On 20 July 2018 the Attorney-General rectified the defects by filing fresh informations signed by her (in the same terms). A further information was filed on 14 August, joining the charges against the 2 accused into a single information. On 24 August the matter was set down for trial in the week commencing 14 January 2019.

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

[4] The accused are accordingly discharged.

[5] This file is to be closed.

Dated 14 January 2019.

Lambourne J
Judge of the High Court