Former Queanbeyan Blues forward turned street brawler Elijah Ngata tries to avoid deportation

A former rugby league forward is trying to avoid deportation after he is released from jail over a thuggish king hit at a Canberra nightclub.

Ilaisa-taka-i-m Ngata, also known as Elijah Ngata, is desperately trying to avoid deportation to New Zealand. Picture: Supplied

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The fate of a rugby league player and super heavyweight boxer who is desperate to avoid deportation after nearly killing a man with a “king hit” at a Canberra nightclub now hangs in the balance.

Elijah Ngata, also known as Ilaisa-taka-i-m Ngata, will be deported to New Zealand as soon as he has served three months of the 19 months jail term that ACT Supreme Court Justice David Mossop sentenced him to in January.

Criminals who, like Ngata, are in Australia on a temporary visa, are automatically deported on release if they are sentenced to more an a year in jail.

Elijah Ngata has been jailed and will likely be deported after punching two men at a nightclub, one of whom nearly died.

Ilaisa-taka-i-m Ngata, also known as Elijah Ngata, in happier times.

The father of four pleaded guilty to recklessly inflicting grievous bodily harm and common assault after he punched two men at a Canberra nightclub last year.

In the ACT Court of Appeal on Wednesday, Ngata’s barrister John Purnell SC said Justice Mossop failed to give enough weight to the impact Ngata’s deportation would have on his family, with his partner saying she would not join Ngata in New Zealand because there is no work there for her there and because she would have to live with his family in a violent neighbourhood.

“She says that that’s not ideal and that the consequences … are such that the’s going to keep the children here and not disadvantage them,” she said.

Mr Parnell said Ngata should be jailed for 11 months, with less than three months to serve.

He said there was no prospect Home Affairs Minister Peter Dutton would let Ngata stay in the country.

“Any day of the week you can watch Minister Dutton on TV and see the minister say what is going to happen if you serve 12 months or more. You can’t possibly get a review of the cancellation,” he said.

Crown Prosecutor Joel Hiscox said Ngata’s “king hit” on his victim was so serious that an 11 month jail sentence with less than three months to serve would be “manifestly inadequate”.

“He was taken out of the club, separated from (his first target) and then wanted to re-engage,” Mr Hiscox said.

“A good citizen stands in the way, trying to de-escalate the situation … and he gets king hit, knocked to the ground and suffers significant injuries.”

He said Justice Mossop’s sentence was “as merciful as can be from the facts that were before his honour.”

Justices Chrissa Loukas-Karlsson, John Burns and Lorraine Walker have reserved their decision.