Court delay could save offender being deported after he pleaded guilty to causing serious harm

A NON-Australian citizen living in the NT could avoid being kicked out of the country after his court sentencing was set down to go ahead after his scheduled citizenship ceremony

A non-Australian citizen living in NT could avoid being kicked out of the country after his court sentencing was set down to go ahead after his scheduled citizenship ceremony

AN Alice Springs man could narrowly avoid being kicked out of the country after his court sentencing was set to go ahead after his scheduled citizenship ceremony.

Yves Calica, 22, faces the risk of deportation after he last week pleaded guilty to causing serious harm to a man he punched outside a bar, leaving the victim with a broken eye socket.

Non-Australian citizens can be deported for serious violent offences.

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But in court proceedings this week, defence lawyer Noah Redmond presented a letter stating that his client had been approved for citizenship and would need to attend a Harmony Day citizenship ceremony on March 20.

Mr Redmond mentioned the prospect of exceptional circumstances and argued to have the case adjourned which could effectively hold off Calica from being sent to jail before his official ceremony.

“A sentence will prevent Mr Calica from attending … it puts him in a rather difficult position of having pleaded guilty so early,” he said.

But Crown prosecutor Glen Dooley said jail time was inevitable.

“It looks like he would happen to become a citizen on false grounds … grounds that he wasn’t someone that attracted a jail term …” Mr Dooley said.

Mr Dooley also questioned if Calica would have been honest about his circumstances in his citizenship application.

“It’s beginning to sound like there is some misleading going on here … this applicant must have been asked ‘are you facing any criminal charges?’.”

Justice Jenny Blokland agreed it would be unlikely for the accused to be granted an exception but her packed court schedule meant Redmond would get his lifeline.

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At the time of the offending last year, Calica was kicked out of Bojangles Saloon after a fight and waited for his victim to leave the bar to assault him.

Calica was granted bail and will appear in court on March 30, 10 days after his scheduled citizenship ceremony.