A senior Dunedin social worker has failed to avoid a conviction for fraudulently obtaining a motorcycle licence.
Rema Smith, manager of social practice at health provider Te Kaika, appeared in the Dunedin District Court this week, where he was sentenced to 100 hours’ community work.
The court heard he had been working since the charge had been laid, continued to be supported by his employer and the Social Workers Registration Board New Zealand — after a meeting in December — had indicated it would be unlikely it would de-register him.
Smith was one of dozens of people implicated in an unlikely police sting on 67-year-old West Coast motorcycle competency assessor Petre Jozef Kalinowski.
For a price, Kalinowski would fill in a fake scoresheet to make it look as though the rider had taken and passed the test; he would file the paperwork with Waka Kotahi NZ Transport Agency and send the customer the certification allowing them to get their motorcycle licence.
He became very popular among gang members who were quickly made aware of the scam and last year Mangu Kahu’s Dunedin president Albert Epere was similarly found guilty of obtaining and using fraudulent documents.
Counsel Meg Scally said Smith had his unlawfully obtained licence for two months, during which time he had not ride a motorcycle.
Since being charged he had gone about the process lawfully and gained the valid qualification which allowed him to ride bikes of more than 250cc, she said.
"There wasn’t a risk to anybody because he wasn’t on the road," she said.
Ms Scally stressed a large portion of her client’s life had been dedicated to helping the community, and the judge accepted he had beaten the odds to get a bachelor’s degree with little formal schooling.
But it remained unclear why Smith had done it.
"He said he was naive in his behaviour, but he does not explain the basis of that naivety," Judge Turner said.
"There is a complete absence [of information] as to why he committed the offence ... but it was a calculated and deliberate action on his part."
The judge said it was unclear whether Smith had any contrition.
In correspondence with the professional body, he had described the prosecution as "unfair".
"I suspect he feels sorry for the position he’s found himself in rather than expressing true insight into his conduct and remorse for his behaviour," Judge Turner said.
As part of his bid to avoid conviction, Smith cited future travel plans and his potential bar from visiting prisons to conduct his work.
But the judge ruled those consequences were mostly speculative and did not outweigh the seriousness of the crime.
