Rose Bandara’s conviction for an immigration visa scam was overturned on appeal. There was no evidence she took $10,000 from her brother-in-law with intent to deceive.
The criminal case had its origins in a March 2018 meeting at Auckland Airport between Ms Bandara and her Sir Lankan brother-in-law. He said $10,000 was handed over. Ms Bandara represented she could get him an immigration visa, he said.
With no visa forthcoming, he went to the police. Ms Bandara denied there was any cash for visa deal; the money was payment for jewellery, she said. At a later court hearing, this explanation was dismissed as untrue.
Charged with obtaining by deception, Ms Bandara faced a court hearing set down for July 2019. It was adjourned at request of police. The complainant was not available.
Six further hearing dates set down over the next four years were also adjourned, all at the request of Ms Bandara. Reasons offered ranged from absence overseas, flight delays, covid infections and recuperation from a stroke.
In March 2023, a District Court judge cried enough; the charge was heard in open court with Ms Bandara absent. She was convicted; ordered to repay $10,000 with further sentencing deferred for six months.
On appeal, Justice Cooke ruled the trial judge had not found any evidence of dishonesty. Proof was required that Ms Bandara knew she was unable to assist in procuring a visa when she took the $10,000.
There was evidence that Ms Bandara had previously been involved in a scheme bringing Sri Lankan immigrants to New Zealand where they had obtained visas after completing training programmes. She was paid for this work. While the training scheme/visa route stopped after changes to immigration policy in 2010, that by itself did not mean Ms Bandara acted dishonestly when taking the $10,000, Justice Cooke ruled.
Ms Bandara’s separate appeal against conviction on grounds she did not get a fair trial, with the hearing held in her absence, was dismissed. Reasons offered for the final adjournment lacked credibility and were not supported by credible evidence, Justice Cooke ruled.
Bandara v. Police – High Court (9.02.24)
24.052