19 May 2021

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In no specific order, the core matters-in-issue are that full disclosure of the facts relating to Eritara’s post-mortem reviews are yet to be made available to immediate family members and their legal representatives; that reasonable enquiries to Kiribati authorities remained unanswered; and apparent shortcomings in the crime scene management procedures of the Kiribati Police Service have raised doubts over the reliability of the evidence used to determine the cause of death.

Further, crucial IT device evidence has not been adduced, the crime scene of the vessel was released on request by the owners to continue fishing in surrounding waters, and forensic evidence has been lost through lack of in-country resources and delay. This is set against the context of the COVID-19 pandemic and a potential lack of formal procedural requests for external subject matter expert support.

The Kiribati police investigation into Eritara’s death remains open but crucially there is no end in sight for the family who are left to second-guess what happened to their husband, father, brother and son some 14 months later at the time of writing. The details of the concerns are reflected in the enclosed Family Impact Statement of Eritara’s wife, Tekarara, and in the annexed legal letter sent to the Kiribati Attorney General (AG) by Steven Kay, QC, of Counsel, London.

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