Wife hides as abuser walks free

Senee Niusila

The wife of the Tuvaluan dialysis patient who has twice walked free from New Zealand courts has gone into hiding with her children.

Teremoana Niusila said yesterday that the judge who let her violent husband walk out of court without a conviction for the second time in two years had got it wrong.

Senee Niusila, who became known to New Zealanders 18 months ago when, as an overstayer, he was allowed to stay in New Zealand for life-saving kidney dialysis, was yesterday granted his second discharge without conviction for an assault on his wife.

The 31-year-old was granted another reprieve at the Waitakere District Court on the grounds that a conviction would affect his chances of gaining New Zealand residency.

Without residency the dialysis patient would be sent back to Tuvalu, where he would die within weeks without his medical treatment.

The decision by Judge Philip Recordon to let a man with a well-documented history of violence walk free again was yesterday greeted with outrage, both in the community and by his wife.

Mrs Niusila, who moved into hiding with her children last week, told 3News the judge had got it wrong.

"We have to hide away now we hear that Senee is out there walking free. It's not fair at all," she said.

"He [the judge] should have taught him a lesson ... because I know that he will never change. He is laughing now."

Last year, after it was first revealed Mr Niusila had been charged with assault, his wife said she had been angry when she gave her statement to police, and in court, she said that her husband was a wonderful man who had struggled to cope with the impact of his health.

This July, she claimed the latest incident had been blown out of proportion and that she was to blame for her husband attacking her.

"It was me this time, all me. It was my fault. My husband is a good man, a good family man," she said.

Now she appears to have gained the strength to leave her abuser.

Women's Refuge acting national manager Lesley Melrose said she was "absolutely appalled" that Mr Niusila was allowed to walk free. It sent the wrong message that men could get away with violence.

"His health issue has become the whole central focus of this case and yet the research proves that women and children's health is at high risk when they are in a violent and abusive relationship."

Police prosecutor Sergeant Pete Syddall said there was a two-year history of violence and the children were too scared to even talk to police for fear of repercussions.

He said Mr Niusila had been given plenty of chances to change but that had not happened and he was now "thumbing his nose" at the judicial process.

Lawyer Nicholas Wintour said it was different this time because Mr Niusila had completed an anger management programme.

Mr Niusila told the judge that he had learned how to handle his anger.

In letting Mr Niusila go, Judge Recordon warned that any future violence would probably result in a different outcome.

National MP Tony Ryall said a conviction should have been entered yesterday.

"How many more chances is this guy going to get?" he said. "Repeat offenders like him shouldn't be in the country."

Sensible Sentencing Trust spokesman Garth McVicar said the decision not to convict sent the wrong message to the immigrant community.

"I know where the judge is coming from but ... if [immigrants] come to New Zealand they have to abide by our rules and if they don't ... send them home - no matter what the medical reasons are."

 

VIOLENT HOME

Senee Niusila's history of spousal abuse:

1998 - Niusila comes to NZ on a 3-month visa, develops kidney problem.

2002 - Police called for the first time.

March 2003 - Police called and Niusila arrested.

May 2003- An overstayer, he gets two-year work permit so he can have dialysis.

June 2003 - Police called again. Charges dropped after wife won't testify.

August 2003 - Niusila pleads guilty to the March assault and is discharged without conviction by Judge Josephine Bouchier.

February and April 2004 - Police called three times. June 2004 - Police called and Niusila arrested.

Yesterday - Pleads guilty to threatening to kill and assault and is discharged without conviction by Judge Philip Recordon.