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Why did we ever let this human waste into our country in the first place?
http://www.stuff.co.nz/stuff/0,2106,3693086a12855,00.html
'Cold-blooded and callous' overstayer's appeal dismissed
07 June 2006
A "cold-blooded and callous" Afghan overstayer sent to jail for 10 years for shooting his New Zealand wife in the back has had his appeal dismissed.
Wali Javad Allahyai, 30, was found guilty in July 2004 on 12 charges of violence towards his wife Amanda Louise Hapeta and one of unlawful possession of a firearm.
Allahyai was found not guilty of attempting to murder his wife in Manurewa but was jailed for 10 years for wounding with intent to cause grievous bodily harm for the 2003 shooting, which left his wife partially paralysed and unable to walk without a walker.
He was given a minimum non-parole period of
six years and is to be deported on the completion of his sentence.
Allahyai appealed his conviction and sentence on the wounding charge but the Court of Appeal today dismissed it.
Allayhi had contended new evidence from a forensic scientist and other people meant his conviction should be overturned but Justices Robert Chambers, Rodney Hansen and John Priestley ruled the evidence was not significantly fresh.
In particular, they ruled the evidence from the scientist about blood splatters and firearm discharge residue could have been called at the original trial and no reason had been given why it was not.
"The evidence adds nothing of value to the defence case," the Court of Appeal ruled, saying the interests of justice did not warrant allowing the supposedly new evidence.
They also ruled evidence from another Afghan refugee and two sisters who lived with Allahyai and Ms Hapeta wasn't sufficiently "fresh" to warrant it being called.
The Court of Appeal said the t
rial judge's decision to impose a 10-year jail term and six-year non-parole period had not been excessive and the judge had correctly taken account of the mitigating and aggravating features of the wounding charge, which was the most serious for which Allahyai was sentenced.
"The lead offence was a cold-blooded and callous act which has destroyed the life of the victim.
"We do not see the minimum term the appellant has been ordered to serve as by any means excessive."
On August 12, 2003, just days after being released from prison on immigration charges, Allahyai fired a shot towards a neighbouring property.
Ms Hapeta told him to put the gun away and turned her back to him. She then felt a burning sensation in her back and fell over, unable to move her legs.
She had been shot in the back and has since regained only limited movement.
Allahyai claimed he arrived home from buying cigarettes to find his wife wounded.
Allahyai was born in Afghani
stan and moved to Canada in 1991 before being deported seven years later.
He made his way to New Zealand, claimed refugee status and was married in 2001.
At Allahyai's trial, the court heard evidence of years of violence against his wife, including three stabbing incidents involving screwdrivers and knives.
http://www.stuff.co.nz/stuff/0,2106,3693086a12855,00.html
'Cold-blooded and callous' overstayer's appeal dismissed
07 June 2006
A "cold-blooded and callous" Afghan overstayer sent to jail for 10 years for shooting his New Zealand wife in the back has had his appeal dismissed.
Wali Javad Allahyai, 30, was found guilty in July 2004 on 12 charges of violence towards his wife Amanda Louise Hapeta and one of unlawful possession of a firearm.
Allahyai was found not guilty of attempting to murder his wife in Manurewa but was jailed for 10 years for wounding with intent to cause grievous bodily harm for the 2003 shooting, which left his wife partially paralysed and unable to walk without a walker.
He was given a minimum non-parole period of
six years and is to be deported on the completion of his sentence.
Allahyai appealed his conviction and sentence on the wounding charge but the Court of Appeal today dismissed it.
Allayhi had contended new evidence from a forensic scientist and other people meant his conviction should be overturned but Justices Robert Chambers, Rodney Hansen and John Priestley ruled the evidence was not significantly fresh.
In particular, they ruled the evidence from the scientist about blood splatters and firearm discharge residue could have been called at the original trial and no reason had been given why it was not.
"The evidence adds nothing of value to the defence case," the Court of Appeal ruled, saying the interests of justice did not warrant allowing the supposedly new evidence.
They also ruled evidence from another Afghan refugee and two sisters who lived with Allahyai and Ms Hapeta wasn't sufficiently "fresh" to warrant it being called.
The Court of Appeal said the t
rial judge's decision to impose a 10-year jail term and six-year non-parole period had not been excessive and the judge had correctly taken account of the mitigating and aggravating features of the wounding charge, which was the most serious for which Allahyai was sentenced.
"The lead offence was a cold-blooded and callous act which has destroyed the life of the victim.
"We do not see the minimum term the appellant has been ordered to serve as by any means excessive."
On August 12, 2003, just days after being released from prison on immigration charges, Allahyai fired a shot towards a neighbouring property.
Ms Hapeta told him to put the gun away and turned her back to him. She then felt a burning sensation in her back and fell over, unable to move her legs.
She had been shot in the back and has since regained only limited movement.
Allahyai claimed he arrived home from buying cigarettes to find his wife wounded.
Allahyai was born in Afghani
stan and moved to Canada in 1991 before being deported seven years later.
He made his way to New Zealand, claimed refugee status and was married in 2001.
At Allahyai's trial, the court heard evidence of years of violence against his wife, including three stabbing incidents involving screwdrivers and knives.