Rapist wins fight over deportation

By ANGELA GREGORY

A Yugoslav immigrant serving a 10-year prison sentence for brutally raping the family babysitter has escaped deportation from New Zealand because his expulsion might harm his young children.

The Deportation Review Tribunal has quashed a deportation order issued against Nebojsa Zoraja in 1998.

Zoraja was convicted in 1996 of three charges of raping his son's babysitter, and another six sexual offences relating to his abuse of the 16-year-old girl.

He was sentenced to 10 years' jail and ordered to pay the girl $10,000 in reparation.

The former restaurateur is not due for release until 2003 but has successfully overturned the deportation order from behind bars.

The tribunal chairman, Nigel McFadden, said in the decision that Zoraja's offending was reprehensible and he would have had no compunction confirming the order.

But the tribunal was conscious of the effect of the separation on Zoraja's partner, who had stuck by him, and their two children, aged 3 and 8.

Deportation would impact badly on the children, compounding an already difficult situation.

The tribunal was satisfied that the family relationships were positive and supportive and that separation would be a physical and emotional loss to the children.

The tribunal believed Zoraja could contribute to society on his release and provide for his family.

It placed no weight on Zoraja's argument that he could not return to his homeland as the former Yugoslavia no longer existed.

Zoraja had said he would have had to return to Serbia when in his heart he did not regard himself as Serbian.

"The appellant is fully entitled to his philosophical views but the reality is that whence he came is now in Serbia," the tribunal said.

Zoraja lawfully arrived in New Zealand in 1988 and eventually opened restaurants in Hamilton and New Plymouth.

Once described as a colourful and gregarious character, with a flair for public relations, Zoraja continues to deny the sexual offending.

But Justice Grant Hammond, who presided over the jury trial, had no doubt about the soundness of the guilty verdicts.

When passing sentence in the High Court at Hamilton, Justice Hammond labelled the offences as "brutal" and "cynical opportunism."

Aggravating factors included the "gross and repeated" sexual indignities and a serious breach of trust.

A Labour Department lawyer said at the Deportation Review Tribunal hearing that it was disturbing Zoraja remained in denial, as that suggested he could reoffend.

The rape complainant had suffered a variety of post-traumatic stress syndromes, felt guilty and confused, and her schooling had been affected.

Immigration Minister Lianne Dalziel, who has the power to appeal against the tribunal's decision to the High Court, could not be reached for comment as she is out of the country.

An immigration law specialist, David Ryken, said there had been a shift by the tribunal towards the increased recognition of children's rights.

"That does not mean one is immune from deportation if one has a child ... but the rights of children must be given a primary, not paramount, consideration."

Mr Ryken said that was consistent with the International Convention on the Rights of the Child.