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A judge has “gone out on a limb” for a 501 deportee he believes has got his life back together since returning to New Zealand and finding stable employment as a road worker.
Peina Teriapa Clarke, 44, was to have been sentenced on Tuesday this week in Gisborne District Court for driving with excess breath-alcohol level (702 micrograms) on May 26 last year, and a subsequent breach of bail.
However, visiting judge Tony Couch agreed to adjourn the fixture so Clarke and a team of four road workers he supervises could finish their latest assignment repairing Wharerata Road.
He was impressed to hear Clarke had been employed by Downer NZ Group for the past four years and now had a leadership position.
Although it wasn’t discussed in court, previous national media reports reveal Clarke was a 501 deportee from Australia and had spoken publicly about how “lost” he felt being returned in 2015 to New Zealand where he hadn’t lived since he was 18.
In Australia, he had served seven years in prison for assault and domestic violence and spent three months in the Christmas Island detention facility ahead of deportation.
Clarke first spoke to New Zealand media in January 2016, saying how “tough” it was just to survive. He applied unsuccessfully for 50 jobs.
His mother and children were still in Australia.
In May that year, Clarke spoke out publicly again as he and other deportees faced extradition back to Australia — and ultimately more time in a detention centre — because the government there wanted to prosecute previous detainees it alleged were involved in the 2015 riots at Christmas Island, which were estimated to have caused $11 million damage.
Clarke told media he was there during the riots but had no hand in the mess and didn’t want to go back.
“I’ve just gotten over the traumatisation that the Australian Government gave us — to me and all my boys”.
Dealing with the drink-drive charge this week, Judge Couch accepted submissions from counsel Manaaki Terekia that Clarke’s sentencing should be adjourned until he and his team had finished the Wharerata Road project, which began last week and was expected to be completed in another three.
Mr Terekia said a disqualification that would mandatorily be imposed at sentencing would prevent Clarke from being able to get himself and his team to work each day.
Questioned by the judge as to why one of the co-workers simply couldn’t drive them all, Clarke said they travelled in a signage truck that only he had the requisite Class 3 licence to drive.
Granting the adjournment, the judge said it was in the public interest to see the roading repairs completed. And, he was impressed with how Clarke seemed to have got his life back together, so he was willing to “go out on a limb” for him.
However, the reprieve wasn’t without strict bail conditions. Clarke would only be allowed to drive in limited circumstances directly related to his work and must not drive with a breath-alcohol level above zero, the judge said.
Sentencing was rescheduled for February 26.
The judge noted this was Clarke’s first drink-drive offence since returning to New Zealand but that he had four in Australia, which could be taken into account at sentencing.
Clarke said after his upcoming sentencing, he intended to apply for a limited driver’s licence for work.