Kidnapper should go, says victim

David Cunliffe

The victim of a kidnap and assault in 2002 is outraged his attacker is allowed to stay in New Zealand.

Justin Yang, 29, put his studies on hold and moved out of Auckland after the incident, in which four men assaulted and abducted him, then robbed him of $1000.

One of the men, 24-year-old Bo Fan, a Chinese citizen with permanent residence, was sentenced to 3 years in prison and later issued with a deportation order, which the Deportation Review Tribunal has overturned.

"This is such a stupid and foolish decision," Mr Yang told the Herald.

"Moreover it is totally unfair. The tribunal only considered it from [Fan's] side and [his] parents' side. [It didn't] consider the feelings of the victim."

In April 2002, Mr Yang had just graduated from language school and had been accepted into Auckland University, where he said Fan was also a student.

But after the incident, he relocated out of fear of further confrontations.

"I had to give up my course and relocate, change my major. I also had lots of friends in Auckland but because of this, I had to say goodbye to my friends.

"It was a very bad experience in my life."

Immigration Minister David Cunliffe has ordered his legal team to investigate an appeal to the High Court against the tribunal's decision.

The law allows such appeals only on "points of law, not factual issues", he said.

He did not want to comment on the tribunal decision, as it could become sub judice if an appeal was granted.

"What I will say is I have spoken to the previous minister [Paul Swain, who issued the order]. He said he felt that person [Bo Fan] should have been deported."

Fan's lawyer, David Ryken, an immigration specialist, has said his client was "very sorry" for his offending and wanted to put the matter behind him.

Fan and his father, a New Zealand citizen, were running an export business and Fan had completed a chef's course, he said.

Fan's three co-offenders are understood to have served their sentences and left New Zealand.

"He wants to apologise to the victim and the people of New Zealand," Mr Ryken said.

Mr Yang rejected an invitation to meet Fan. "I never want to meet him. For what? I don't owe them anything.

"I feel very stressful that he's still in New Zealand. How can New Zealand keep this dangerous criminal, not only dangerous to me, but to everyone?"
The case also aroused the attention of South African Gavin Penfold, whose family is facing removal after Mr Penfold changed jobs but did not notify the Labour Department until 10 months later, a violation of the conditions of his work permit.

But Mr Ryken said the cases were different, as Fan and his parents were citizens and residents, and Mr Penfold was on a working visa.