Overstayer may be allowed to stay despite second assault

1.10pm

A Tuvaluan overstayer who requires life-saving kidney treatment may be allowed to stay in New Zealand despite assaulting his wife for a second time.

Senee Niusila, 31, had earlier pleaded guilty in Waitakere District Court to charges of beating his wife Moana Niusila and threatening to kill her on June 13.

Today, Judge Philip Recordon remanded Niusila on bail so he could do an anger management course and to allow his lawyer Nicholas Wintour to produce evidence on two issues.

These were that Niusila would die if returned to Tuvalu and that he would be deported if convicted.

During today's court hearing, the option of a discharge without conviction was discussed.

Niusila pleaded guilty to assaulting his wife last August but was discharged without conviction on humanitarian grounds so he could continue having life-saving kidney treatment in New Zealand.

Judge Recordon told the court today the previous discharge without conviction would not stop him granting another discharge.

"But he's going to have to earn it," the judge said. "His life is in his hands, not mine."

- NZPA