Photo: RNZ / Dan Cook
A woman who arrived in New Zealand from China hoping for a new life was later devastated by the end of her marriage following her husband's affair.
In a state of emotional chaos, Donglan Wu took a knife with a 12cm blade and stabbed the woman who had moved into the family home in West Auckland, while she was left temporarily living in a car.
The woman received lacerations to her arm, a cut to her scalp down to the bone and a deep gaping wound on her neck. She required surgery, spent about three months in recovery and was left with permanent scars on her arm and neck.
Wu, a first-time offender, was sent to prison for five years and three months, on a charge of wounding with intent to cause grievous bodily harm and ordered to pay $10,000 to the victim.
She was estranged from her son, and then, late last year, she was served with a notice she was likely to be deported.
The 53-year-old has managed to stave off being sent home, with a successful appeal against a deportation liability notice on humanitarian grounds arising from her mental health history, family circumstances, and Christian beliefs.
The Immigration and Protection Tribunal acknowledged the offending involved serious violence, but the facts pointed to it being an isolated incident at a time in the woman's life when she was suffering extreme psychological stress.
It suspended the liability order for five years, on the condition that Wu did not commit any further imprisonable offence.
Wu's story goes back to rural China where she was raised by her older sister when their mother was required to carry out government-enforced farm work, the tribunal said.
Wu later worked in a handcraft company and then moved to Guangzhou where in 2001 she met her husband.
She changed her hukou (household registration) to her husband's hukou and began working on his family's farm.
Their son was born in 2003 and four years later Wu's husband left for work in New Zealand.
Wu worked in blue-collar jobs before she and her son arrived in New Zealand in September 2009.
Soon after she learned of her husband's affair. She remained in the relationship because she wanted to keep the family together, the tribunal said.
The family then moved to Auckland and bought a home and from 2017 to 2019, Wu worked in her husband's business.
Despite her husband's promise to end the extramarital relationship, it continued. Arguments erupted and against a backdrop of domestic abuse and control, Wu became distressed and isolated, the tribunal said.
A psychologist found later that Wu had experienced a prolonged period of powerlessness in a marriage where her husband had made all the decisions, and then fear of judgement from others when the marriage ended.
In 2019, the couple decided to separate but for two years they continued to live in their home in separate rooms.
Wu's husband took steps to purchase her share of the home as she did not have the income to get a mortgage to buy him out.
In 2020, during a particularly heated argument, Wu told her husband that she wanted to "make headlines", intending that he stop his "nonsense".
They separated in March 2021. Wu was paid $400,000 for her share of the family home in Massey. She moved out as agreed and the man's new partner moved in.
Wu's accommodation plans fell over and she ended up living in her car for a short time.
One night, she drove past the family home and, in a state of what was described as disassociated rage, she attacked her ex-husband's new partner.
Friends of the couple for around 13 years said in evidence to the tribunal they were shocked to hear what Wu had done.
They described her as a "very gentle person with a warm personality" and they had never witnessed her acting aggressively or abusively towards anyone.
A specialist psychiatrist, Dr John Jacques, who interviewed her later found that Wu was likely experiencing a major depressive disorder with an acute depressive episode in the lead-up to the assault and in the months following her arrest.
Wu said she could not remember her actions but was deeply ashamed and "very remorseful" of the pain and hurt she caused.
"She will regret her actions for the rest of her life," the tribunal said.
Wu's argument against deportation included fears of a lack of support in China, from either her family members who were poor and ageing, or the state.
Her former husband, as respondent, said otherwise and that it would not be unjust or unduly harsh for Wu to be deported.
He said Wu had $200,000 left of her settlement money with which to establish herself, she had varied work experience and her workplace skills were transferable to China.
The tribunal accepted that Wu had enough money to buy a modest property in a rural area or small centre but it was highly unlikely she could afford to buy even an apartment in a major urban city such as Guangzhou, where she would have to return upon deportation because she was registered on her ex-husband's hukou.
Wu said she was also unlikely to find work in China because of her criminal record and her age.
A Parole Assessment Report said inquiries made with the Chinese New Settler Trust in Auckland advised women over 50 years in blue-collar roles (55 years for office workers) could not work in China.
The tribunal said Wu would not have access to government-funded financial support because she had not contributed through employment.
"There is no free access to public healthcare or social welfare payments. To open a business, in addition to funds, she would need guanxi or a network of relationships," the tribunal said.
By contrast, in New Zealand, Wu had friends who had offered to accommodate her and who had long-established links to a Christian church community that would act as support.
Wu also wanted to remain in New Zealand to restore her relationship with her son, the tribunal said.
It found there were exceptional circumstances of a humanitarian nature which made it unjust or unduly harsh for Wu to be deported.
It was also satisfied that allowing her to remain here would not be contrary to the public interest, because of the low risk of her reoffending.
Wu has been in custody since March 2021. Upon her release, she would be subject to conditions until the end of her sentence term in mid-2026.
- This story originally appeared in the New Zealand Herald.
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