Kidney dialysis overstayer gets another reprieve in court

12.00pm

A Tuvaluan overstayer and kidney dialysis patient would be dead within four weeks, probably two, a judge said today moments before giving him another reprieve on a second charge of bashing his wife.

Senee Niusila, 31, is facing a charge of bashing his wife and threatening to kill her and appeared in the Waitakere District Court today. He appeared on the same charges last month.

Last year he admitted assaulting his wife but was discharged without conviction on humanitarian grounds to allow him to continue to get kidney treatment rather than be sent home.

Judge Philip Recordon told Niusila today the medical evidence was he would die within a month, probably two weeks, if sent home to Tuvalu.

He said if Niusila was convicted and sentenced to supervision, it would seriously impact his residency and he would probably go home.

He remanded the man on bail until next month after suggesting he should enter an informal agreement with the probation service to monitor his anger management courses.

Today the man's lawyer Nicholas Wintour told Waitakere District Court his client had attended two of 12 anger management sessions and counselling and there was "every chance" of him completing supervision.

After consulting his client in court, Mr Wintour said he had agreed to an informal session with probation officers.

The judge said an informal agreement was the best option and he was considering a discharge without conviction.

He said if he was convicted and ordered to undergo supervision, as recommended by the probation report, it could close the door to his residency in New Zealand and if he was sent home he could die within a month.

Outside the court Mr Wintour said the anger management was going well and he and his wife had completed the full family court counselling.

"It had a favourable report."

However, he said Niusila would "almost certainly" be sent back to Tuvalu if he was convicted.

He said his client was well aware of the seriousness of the charges and the future he faced and was acting responsibly.

"That shows. He is completing counselling and he is making an effort as a family," Mr Wintour said.

- NZPA