Appeal after request to leave NZ

INVERCARGILL

THE driver of a bus which crashed with 23 Chinese tourists on board near Queenstown in January is appealing his conviction following a request from Immigration New Zealand (INZ) for him to leave the country.

Chinese national Liang Fang appeared via audiovisual link in the High Court at Invercargill yesterday, where his lawyer Grant Tyrrell appealed the previous refusal of a discharge without a conviction.

Fang was driving the bus and trailer, operated by Awing Travel NZ Ltd, when it crashed at Wilson Bay, 10km from Queenstown.

A 10yearold girl lost both hands and a woman lost an arm during the incident on January 21 on the GlenorchyQueenstown Rd.

In June, Fang was sentenced by Judge John Strettell in the Queenstown District Court after he admitted charges of careless driving causing injury.

He was sentenced to 200 hours’ community work, disqualified from driving for nine months and ordered to pay $9000 to the two most seriously injured passengers.

Mr Tyrrell said yesterday the application for a discharge without conviction should not have been declined and his client’s appeal was based on two factors — the seriousness of the offending and that the outcome was “out of proportion” given the consequences of a conviction.

He highlighted his client did not dispute the seriousness of the accident but said during the sentencing, elements of the case which included failing to follow the speed signage and driving above the speed limit were “just different ways to describe the same outcome”.

He admitted his client was driving too fast on the curve — 17kmh above the recommended speed of 45kmh — but said Fang did not have time to slow down after another “gentle” curve with a recommended speed limit of 55kmh.

Justice Dunningham asked if Fang saw the signs before the curve.

Mr Tyrrell admitted he did, but “it was too late to make the [speed] adjustments required’’.

Mr Tyrell said not enough weight was given during sentencing to what a conviction would mean for his client.

Now INZ had asked Fang to leave the country and that had a serious impact on the life and career of his client.

Crown prosecutor Riki Donnelly disagreed, saying there was no suggestion Fang would have problems finding work in his country because of the conviction.

Fang could apply to reenter New Zealand again, he said, and he highlighted the seriousness of the offence.

Mr Donnelly said Fang was a professional driver who had responsibility for 22 people.

He also said Fang had driven “many, many” times on that road.

“If the corner was so difficult, it must have stood out for a professional driver . . . If it was such a corner that could catch him off guard, he would remember. Certainly, he should remember.”

Justice Dunningham reserved her decision.