Tuvaluan kidney patient escapes conviction again

Senee Niusila arriving at an earlier court appearance. Picture / Glenn Jeffrey

A Tuvaluan man who admitted threatening to kill his wife will be able to continue receiving dialysis treatment in New Zealand.

Senee Niusila, 31, was discharged without conviction on two charges in the Waitakere District Court this morning.

If Mr Nuisila had been convicted, he would probably have been sent home to Tuvalu, where there was no dialysis and he would almost certainly die within four weeks.

Mr Niusila had pleaded guilty to assaulting his wife, Moana Niusila, and threatening to kill her at their Auckland home on June 13.

At a hearing in September, the Tuvaluan was order to take an anger management course while on voluntary supervision with the probation service.

Mr Niusila admitted the charges which occurred earlier this year but applied to the court for a discharge without conviction, saying if he was convicted it could probably mean he would be sent back to Tuvalu where he could not get kidney dialysis treatment.

Without that treatment he most certainly would die, his lawyer Nicholas Wintour told Judge Philip Recordon in Waitakere District Court today.

It is the second time Niusila has asked the court for a discharge.

Last August he was convicted of assaulting his wife and discharged without conviction on the same humanitarian grounds.

Today police prosecutor Sergeant Peter Syddall told the court there was a history of offending and police were regularly called to Niusila's home by family members worried about the violence.

Niusila had run out of chances, Mr Syddall told the court.

He said Niusila's wife had left him with their children but they may get back together.

The judge said the case was unique and it was appropriate for a discharge.

He also said he had no doubt that if there was any further violence it would have a different outcome.

He told Niusila to keep in touch with his lawyer and explore the counselling offered by the court.

After the hearing Mr Wintour said the judge had correctly applied the law.

He said Niusila had completed an anger management course and was remorseful about his violence.

- NZPA