Student may avoid sentence

A Chinese student who admitted causing a crash that killed an Auckland motorcyclist could leave the country without completing his community sentence or paying reparation.

Bo Cong was sentenced to 250 hours' community work, disqualified from driving and ordered to pay $10,000 reparation for careless driving causing James Stampa's death and injuring passenger Joe Griffiths.

Cong pleaded guilty to careless driving causing the death and injuring Mr Griffiths.

He was found not guilty of driving while forbidden.

His lawyer said the 21-year-old did not understand the meaning of a ticket he was issued two months before the crash for failing to produce a New Zealand driver's licence.

Judge Simon Lockhart, QC, said Cong might not have known what "forbidden" meant because of his limited English.

Cong, who came to New Zealand in January 2001, has now had his student visa revoked by the Immigration Service for failing to attend a travel and tourism course.

He has 42 days from December 15 to appeal against the decision.

The service was not required by law to wait until a person had fulfilled community service or paid reparation before they were removed.

But a spokeswoman said the service would liaise with other Government departments over Cong's community service and reparation.

Cong was ordered to pay $5000 to the family of Mr Stampa and $5000 to Mr Griffiths in weekly instalments of $50 to each party.

James Stampa's mother, Sam Fuller-Stampa, said Cong had not paid any of the reparation despite a court order to start weekly payments on November 15.

Mrs Fuller-Stampa said Cong had been given two years to complete his 250 hours of community service and she understood he was attending one day a week.

"At this point in time it looks like he will be sent from the country having done minimal community service. Basically you kill somebody and you get sent home and life is as normal.

"We live with this every day and he goes back to China to a normal life," said Mrs Fuller-Stampa.

Community Probation Service northern regional manager Paul Tomlinson said Cong was "completing his hours at a satisfactory rate".

The department said the timing of his deportation was a matter for the Immigration Service.

Mrs Fuller-Stampa said Cong was giving his victims' families and court authorities the run-around.

"He can't be bothered," she said.

Strangers had contacted Mrs Fuller-Stampa to express outrage over the sentence.

Mrs Fuller-Stampa said she planned to lobby the Government over foreign drivers.

A spokesman for the Ministry of Justice said it would usually be inappropriate to comment.

"However, in the light of public interest in the payment of reparation, we can advise that all enforcement options possible have been vigorously pursued in this case, including search of a property for seizable assets and assessment of assets and income. Management of the case is ongoing."

FATAL CRASH

* Last March, engineering student James Stampa was taking his friend Joe Griffiths for a ride on his new motorcycle during their lunch-break at Auckland University.

* Chinese student Bo Cong made a u-turn in front of them on Symonds St. Mr Stampa braked but could not avoid the car.

* Two months before, Cong had been issued a ticket forbidding him to drive for failing to produce a New Zealand licence.