Potential deportation was not grounds for India national Krishna Malapaka being discharged without conviction following thefts from credit union customers.
Malakapa was convicted of multiple thefts from bank accounts belonging to clients of an un-named credit union. The High Court was told Malakapa obtained bank PIN numbers from customers when they applied for loans, using ATMs to steal from customer accounts. Credit union customers were predominately Maori and Pasifika. Over a five week period, some $5200 was stolen. The credit union promptly reimbursed clients after uncovering the frauds; Malakapa subsequently reimbursed the credit union.
At trial, Malakapa said deportation was likely if convicted; he held a resident visa but was not a permanent resident. He wanted to stay in New Zealand. The trial judge was sympathetic, but commented: you have breached the trust that has been placed in you, not only by your employer but also by the people of New Zealand; the normal and natural consequences of conviction should follow.
On appeal, Justice Lang ruled potential deportation was not out of all proportion to the offending. The conviction stood.
Malapaka v. Police – High Court (26.05.20)
20.090