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The man has lost his bid to stay in New Zealand. (File photo).
An Indian software developer who masturbated in front of women walking by a stream near his home in Auckland will be deported from New Zealand.
Prabhu Karunanidhi, 36, tried to avoid deportation by taking his case to the Immigration and Protection Court.
He argued that he should stay in the country because of his connection to New Zealand and the interests of his wife and son.
But the court found that the fact that his wife was not getting along with his family in India, coupled with her reduced earning potential in her home country, did not amount to exceptional humanitarian circumstances.
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Karunanidhi came to New Zealand in 2012. He studied computer science at Massey University and found work as a software developer.
He returned to India to marry his wife in 2014, who followed him to New Zealand the following year.
A summary provided in the court’s written judgment after a hearing on August 4-5 sheds light on the crime.
Between December 2016 and March 2017, Karunanidhi was seen masturbating on seven separate occasions in full view of people using a walkway next to a stream near his home.
He pleaded guilty on June 15 to a single count of performing an indecent act in a public place and was sentenced to 12 months of intensive supervision and 60 hours of community service.
On April 1, 2019, his wife gave birth to a daughter. The couple left New Zealand because the wife’s visitor visa was expiring and Karunanidhi’s conviction made him ineligible to sponsor her for residency.
In December of that year, Karunanidhi also returned to India for a visit. He received a deportation notice in January 2020 stemming from his conviction and filed his appeal the following month.
He tried to return to New Zealand for the appeal hearing, but could not find a flight, according to the ruling.
Karunanidhi told the court through his lawyer that he had a conservative upbringing.
That was at odds with the liberal values his wife was raised by.
RNZ
Today on The Detail, RNZ immigration reporter Gill Bonnett discusses the immigration policies of political parties and Massey University sociologist Paul Spoonley explains the events that led to the immigration records and the need for action. .
His different backgrounds have been the source of conflict with his family since 2016, according to his evidence.
The result was that the marriage would not continue if he was deported, according to his evidence.
Karunanidhi also used the tension between him and his wife as justification for his offense.
“With friction in the relationship and difficulty establishing physical relationships with his wife, he ended up indulging himself in the bathroom at home.
“Unfortunately his wife found him doing this and, with all the pressures, his rational judgment became clouded and he ended up doing this in the bushes near his house.
“This resulted in the criminal charge and his conviction.”
Karunanidhi’s evidence also described his role as a co-founder of an online education platform in New Zealand.
If deported to India, he would have to start from scratch with a low income, which is a “big step down” from his position in New Zealand, according to the evidence.
The Minister of Immigration, as a respondent in the case, argued that the interpersonal difficulties between Karunanidhi, his wife and his family were not exceptional circumstances of a humanitarian nature.
Neither did the job prospects or the poorer economy in India decline, the minister said.
The Court was not moved by Karunanidhi’s evidence and ruled in favor of the minister.
His appeal was rejected.
