Sunday Star-Times

Sroubek faced being deported by Nat Govt

Judges in Czech’s driving cases said ministers ‘yet to make decision’. By Edward Gay .

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Czech fugitive Karel Sroubek faced deportatio­n by the last Government – but the former minister says the file never reached his desk.

The High Court granted the Sunday Star-Times access to Sroubek’s criminal files, which revealed that in the early hours of July 6, 2012, Sroubek was pulled over by the police. He refused a breath test and blood sample, later telling the court he ‘‘freaked out’’, fearing he would be deported.

Judge Tony Fitzgerald ruled Sroubek had made a mistake in refusing to give the sample. ‘‘Technicall­y, it puts you at risk of deportatio­n, but you were already at risk of that in any event, because of the way in which you obtained residency. The Minister is yet to make a decision on that issue.’’

That was a week before National MP Michael Woodhouse was appointed Immigratio­n Minister – but yesterday, Woodhouse said the matter never came to any National Government immigratio­n ministers. ‘‘It never happened on our watch.’’

Sroubek, a kickboxer born in the Czech Republic, was found guilty in 2011 of four charges of supplying false informatio­n and one of possessing a false passport.

At his trial, Sroubek told the court corrupt police officers asked him to change his evidence after he’d witnessed a murder.

Instead, he borrowed a friend’s passport, escaped to Germany where he recorded his evidence on video, sent it to the Czech court and fled to New Zealand.

His lawyer, David Jones QC, asked for a discharge without conviction, arguing conviction­s would make it easier for immigratio­n authoritie­s to deport Sroubek and that would be out of all proportion to the crime.

In granting the discharge without conviction, the judge said: ‘‘That will not ultimately prevent your deportatio­n if the Minister, at the end of the day, considers that is the right thing to do, because of course, whatever order I make today, the Immigratio­n authoritie­s are well aware of your offending in any event.’’

The following year, Sroubek was arrested after refusing to give a blood sample to the police and repeated his story to Judge Fitzgerald, who instead said a discharge without conviction would not prevent Sroubek from being deported ‘‘if the Minister, at the end of the day, considers that is the right thing to do.’’

Sroubek was fined $200 and disqualifi­ed from driving for six months.

Woodhouse says no file ever reached a National minister because a file is not referred while the applicant is facing charges and, from at least 2011 on, Sroubek was ‘‘always up for something’’.

Court action meant a minister didn’t see the case until Iain LeesGallow­ay was given the file in September this year.

‘‘Immigratio­n authoritie­s are well aware of your offending in any event.’’ Judge Tony Fitzgerald on Karel Sroubek, left

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