Rapist faces expulsion from NZ

By ANGELA GREGORY


An Iraqi refugee convicted of serious sex offences may be kicked out of the country after serving his prison sentence using legal provisions never before invoked in New Zealand.

Akeel Hassan Abbas Al Baiiaty was this week found guilty by a Wellington jury of sexual violation by rape, abduction with intent to have sex, and assault.

The offences occurred while Al Baiiaty was on parole for the rape of two Auckland prostitutes and assault with intent to rape a third.

The 35-year-old will be sentenced next month. The Crown has applied for preventive detention (under which he could be held in custody indefinitely because of his high risk to the community).

Immigration Minister Paul Swain said yesterday that he had called for a report on the deportation issues posed by the Baiiaty situation.

"I'm not happy when someone abuses New Zealand's hospitality by committing crimes in this country," Mr Swain said.

Al Baiiaty was stripped of his citizenship last month on the grounds he had not disclosed a serious offence committed after he was approved for citizenship but before he formally got it in 1997.

Mr Swain said that did not automatically lead to deportation.

However, he confirmed there were exceptions under the Refugee Convention where deportation could be considered.

They were where a person was a danger to New Zealand security, or had been convicted of a particularly serious crime and was a danger to the community.

"I have asked officials to report next week on the second point and what options may be available."

Mr Swain told the Herald no precedents existed for such action in New Zealand. The report would cover international precedents.

He said a deportation order could be served at any time but would not be enforced until a prison sentence had been completed.

He acknowledged that many New Zealanders objected to taxpayers bearing the cost of imprisoning offenders from another country.

"If we don't sentence people in New Zealand then the message is they can come here, commit a crime and leave on the first plane.

"My strong view is if they commit the crime ... they do the time."

According to the Dominion Post, the Probation Service lost track of Al Baiiaty a few months after he left prison last year having served six-and-a-half years of his nine-year sentence.

The newspaper said Al Baiiaty shifted to a student hostel, where he raped the woman in February, having been thrown out of a family home last year and evicted in January from another hostel where he had harassed women.

The Dominion Post also reported that because Internal Affairs did not ask for Al Baiiaty's citizenship to be revoked earlier he could not be deported before he had the chance to re-offend.

National Party MP Tony Ryall said numerous government departments had failed in their core responsibilities to protect women from Al Baiiaty.

"The frightening thing is that this could happen again.

"There are no systems in place," he said, "to ensure such offenders are kicked out of the country on their release from prison."

Mr Ryall called for an independent inquiry, which he said should specifically look at issues such as information sharing and departmental practices.

The Department of Internal Affairs has said such cases are rare and that it is reviewing its vetting procedures.

A spokesman said the department first became aware Al Baiiaty had made a false declaration in February and it took until last month to follow the procedures to revoke his citizenship.

Had the department been aware sooner of Al Baiiaty's change of circumstances, immediate action to initiate deportation proceedings would have occurred.

In the year to last June 21,072 applications for citizenship were recommended for approval.

The general manager of Offender and Probation Services, Katrina Casey, said in a statement that media reports on the Community Probation Service's management of Al Baiiaty contained inaccuracies.

"While we are prepared to comment, this will not occur until after sentencing on December 14."

Trail of disgrace

1994 - Arrives in country as quota refugee.

1997 - Citizenship approved, commits and fails to declare sexual offence before citizenship granted.

1998 - Sentenced to nine years' prison on rape charges.

December 2003 - released on parole.

February 2004 - reoffends.

October 2004 - stripped of citizenship.


Herald Feature: Immigration

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