In 2002, Senior Constable McEnally, 26, was shot at Hillsdale in Sydney's east after pursuing four men in a stolen car with four loaded stolen guns. The stolen car was driven riven by Motekiai Taufahema, then 25. The car crashed and Sione Penisini shot Senior Constable McEnallay four times through the windscreen. Penisini had fired five times at Constable McEnallay from 10 metres away. McEnallay died in hospital from head and chest wounds soon afterwards.
Senior Constable McEnally
Sione Penisini, was sentenced to 36 years for the murder. The judge at the time described the murder as "a cowardly, senseless and unnecessary crime". Motekiai Taufahema, and his brother John, who was also in the stolen car together with two other men with four loaded stolen guns, were initially convicted of murder, but their convictions were overturned and they both pleaded guilty to manslaughter. They received the same sentence. The fourth man, Meli Lagi, is serving 10 years for firearms offences.’ All four men are Tongan nationals with criminal records.
Motekiai Taufahema's visa was cancelled in August last year and he was to be deported to Tonga once he completed his sentence, but he successfully appealed against the ruling. This month (April 2010) the Criminal Court of Appeal in the Federal Court has now upheld that decision, which means Motekiai Taufahema to stay in Australia.
Immigration Minister Chris Evans says he is considering another appeal and looking at what other action he can take under the Migration Act. "I have sought advice from my department to urgently determine whether there are any appeal prospects," Immigration and Citizenship Minister Chris Evans said in a statement.
"If matters for appeal are identified, I will appeal this decision to the Full Federal Court. If no appeal prospects are identified, then I will fully consider all options available to me under the Migration Act..."
"The manslaughter of a police officer in the line of duty is a most serious offence."
Senior Constable McEnally's father, after the initial sentencing had said, "They're a bunch of grubs," Mr McEnally said. "They took my son's life and they deserve life and I'm not happy with anything less." The dead policeman's fiancee, Amanda Mahon, said there should be a mandatory life sentence for anyone who killed a police officer.
"We loan our men and women out . . . to protect the Australian community and the only thing we ask for in return is if something happens to them then the repercussions be severe."
All four men are immigrants to Australia from Tonga. They have each been convicted of serious crimes in Australia, including the most serious of crimes - the murder of a police officer in the line of duty.
These men have demonstrated contempt for Australian values and laws. There is no reason why he should remain in Australia.
Australian laws need to be immediately changed to automatically deport back to their originating country any immigrant found guilty of a serious crime (indictable offence) in Australia. Then judges won't have an option to allow foreign criminals remain in Australia.
It is obscene and unjust that Australians should be forced to tolerate people from overseas who become serious criminals in Australia.
Bilateral Prisoner Swap
We should go further. Our gaols should not have to wear the cost burden of foreign criminals. Australia should establish bilateral agreements with all overseas countries that foreigners convicted of serious crimes get automatically deported to the origin to serve their sentence. Conversely, Australians overseas convicted of serious crimes are automatically deported back to Australia to serve their sentences. Quid pro quo.
This would mean Sione Penisini, Motekiai Taufahema, John Taufahema, and Meli Lagi get automatically deported to Tonga immediately to serve there respective gaol terms there and be permanently barred entry from Australia.
Importantly, it would also mean that Australians in foreign gaols such as Schappell Corby in Indonesia, Jock Palfreeman in Bulgaria, Stern Hu in China, the Bali Nine in Indonesia [Andrew Chan, Si Yi Chen, Michael Czugaj, Renae Lawrence, Tach Duc Thanh Nguyen, Matthew Norman, Scott Rush, Martin Stephens and Myuran Sukumaran] if convicted, and other Australians gaoled overseas be immediately sent back to Australia to serve their respective sentences here.
West Australian, Holly Deane-Johns, convicted of heroine trafficking in Thailand in 2000 was sentenced to 31 years gaol, but subsequently transferred to Bandyup Women's Prison in Australia in late 2007, escaping the death sentence.
Australians in Australian prisons.
This is moral justice which I challenge anyone to dispute.
‘Evans exploring options to deport police killer’, ABC 7th April 2010
Govt seeks advice after Taufahema ruling, The Age, 7th April 2010
‘The night Glenn McEnallay died’, 9th May 2006
‘Tributes for officer who defended city with his life’, Sydney Morning Herald, 4rd April 2003
‘Anger at police killer's term’, Malcolm Brown and AAP, 3-Oct, 2003
‘Australian gets 20 years for murder in Bulgaria’, Georgina Robinson, Ari Sharp [Sydney Morning Herald], 3rd December 3, 2009
‘Schapelle Corby could be forced to move to remote East Java’, Herald Sun 5th April, 2010
‘10 years for Stern Hu’, Stephen McDonell, ABC, 30th March, 2010
‘Heroin addicts escape Thai death sentence’, by Mark Baker, The Age, 5th July 2003