501 appeal: NZ-born truckie to be deported from Australia after killing teen in crash

Vishal Mahant was killed when he was hit by a truck being driven by Keresoma Fetalaiga in Melbourne.

A New Zealand-born truckie who was speeding and drinking bourbon at the wheel when he struck and killed a teen has been kicked out of Australia.

Keresoma Fetalaiga, 38, has a significant history of driving offences in both New Zealand and Australia and was caught driving while disqualified and speeding within months of killing 19-year-old Vishal Mahant.

The Administrative Appeals Tribunal of Australia said Fetalaiga’s continued offending was “particularly disturbing” and “concerning” and that he showed a real risk of reoffending going forward.

His imminent deportation means he now faces the possibility of being separated from his four children, who have described him as a “very present and loving dad”.

Fetalaiga fought to remain in Australia with his family after his visa was cancelled when he was sentenced in 2019 to six years’ imprisonment for the death of Mahant, an international student from India.

A decision released on Monday by the tribunal set out his plea to remain in the country he has called home since 2015, and the tragic offending that has seen him forced out.

It said that on April 7, 2017, Fetalaiga was driving his truck home from work when he stopped at a liquor store and bought what he described as “a couple of beverages”.

According to the sentencing notes of the County Court of Victoria, provided in the tribunal’s decision, Fetalaiga said he had a stressful day at work.

He was travelling at 83km/h in a 60km/h zone in Dandenong, Melbourne, when he moved from the centre lane into the left lane to overtake a semi-trailer he had been following.

The Administrative Appeals Tribunal of Australia has heard an appeal by Fetalaiga to remain in Australia. Photo / 123rf

“Because Mr Fetalaiga was driving so closely behind it, he was unable to see the left-hand lane and whether it was safe and clear to move into that lane.”

Shortly after he completed the manoeuvre, Fetalaiga spotted Mahant standing next to his car, which was lawfully parked in the left-hand lane.

“[Fetalaiga] applied the truck brakes with force, leaving a 16-metre skid mark before the impact between his truck and the victim’s Toyota car.”

Mahant was about to get into his driver’s seat when he was struck by the tray truck and thrown 29 metres. He died at the scene.

Police arrived and conducted a preliminary breath test, which was positive. A search of Fetalaiga’s truck found five empty cans of bourbon and coke in the centre console and a sixth can open in the cabin.

After he was jailed on a charge of culpable driving causing death, his visa was mandatorily cancelled under section 501 of the Australian Migration Act.

He went on to seek revocation of the cancellation decision, submitting information regarding his personal circumstances and evidence in support.

But his efforts were rejected, and so he then lodged an application with the Administrative Appeals Tribunal of Australia for a review.

At the October 11 hearing, the tribunal considered Fetalaiga’s history of driving offences and his continued disregard for the law following the death of Mahant.

But it also accepted he was genuinely remorseful for causing his death and had made efforts to rehabilitate.

He had attended counselling and various rehabilitation courses, including alcohol treatment programmes, and was supported by his family and church.

Among the submissions made in support of Fetalaiga remaining in Australia, he told the tribunal his family wanted to stay.

If he was deported, it would have a major impact on his children and put pressure on his partner.

He said it could end his relationship with his partner.

She said their children wanted to be with their father, but she was opposed to moving to New Zealand.

The children provided statements to the tribunal, describing Fetalaiga as a devoted father who would take them to sports training, music lessons, the pools, the park, and play board games with them.

They said he phoned from prison every day to tell them he loved them.

One child has a scholarship at an Australian school and has been accepted into a rugby league development programme.

Despite the tribunal accepting Fetalaiga would face “significant challenges” if repatriated and was separated from his family, it ruled that based on his driving history, there was a real risk he would re-offend.

In upholding the decision not to revoke the cancellation of his visa, the tribunal found the protection of the Australian community and its expectations outweighed Fetalaiga’s ties to Australia and the interests of his children.

Tara Shaskey joined NZME in 2022 as a news director and Open Justice reporter. She has been a reporter since 2014 and previously worked at Stuff where she covered crime and justice, arts and entertainment, and Māori issues.