‘New Zealand’s justice system failed us’
The parents of a 10-year-old girl who lost both arms in a bus crash say the sentence for the driver is an insult.
Bus driver Liang Fang, 32, was on Tuesday sentenced to 200 hours’ community service and ordered to pay $6000 to Joanna Dong and $3000 to another woman who lost her arm.
Joanna’s father, Sam Dong, 40, told the Weekend Herald the outcome was unfair — and said he was only told about it in an email from police.
“The pain and trauma that we are going through is unimaginable. It is worst for Joanna, but the whole family — myself, my wife and even her grandparents in China — are living every day in pain,” Sam says.
“I feel that New Zealand’s justice system has failed us. The reparation payment adds insult to injury and the penalty faced by the driver shows there is no justice.”
Mother Amy Dong remembers vividly the day of the crash, on January 21. The Awing Travel NZ bus and trailer tipped on to its side and skidded for about 40m after Fang lost control. The group was travelling towards Queenstown from Wanaka.
Twenty-three people were on board, including the driver, and 20 were treated for injuries by St John staff at Wilson Bay, on the Glenorchy-Queenstown Rd.
“Joanna was on the ground and I rushed to her. My mind went blank when I picked her up and noticed that she didn’t have her arms,” Amy said.
Joanna was flown to Dunedin Hospital in a serious condition.
When the Weekend Herald visited the Auckland serviced apartment where the family is staying, Joanna was afraid to come out of her bedroom.
Amy said her daughter’s confidence and sense of security were shattered and the once-extroverted girl was now scared of seeing people.
“Joanna loves dancing, she’s won many prizes in dancing competitions, now she can’t feed herself, dress herself or even clean herself after a bathroom visit,” Amy says.
Amy said Joanna enjoyed and excelled in Latin dancing, where the moves required repeated swinging of the arms with clenched fists.
“Dancing is the love of her life, and in that one moment of the crash, everything is taken away from her,” she adds.
“The reparation money, I’ll gladly give back every cent and fork out many times that, if Joanna can get her arms back.”
The family chose New Zealand for their holiday because Joanna wanted to come here after hearing from friends who had been here on study tours.
The couple left their other child, a 1-year-old baby, in the care of Amy’s parents in Shenzhen.
Sam said Joanna required multiple surgeries and amputation of both her arms, and is going through rehabilitation in Auckland.
“She started attending school and was slowly starting to regain some confidence, but then the Covid-19 lockdown started,” he said.
Now he says their days are spent mainly going to see medical professionals, psychiatrists and the Auckland Artificial Limb Centre where Joanna’s prosthetic arms are being made. The family are exploring whether they can stay in New Zealand permanently.
Sam said medical and psychological evaluations suggested that it was in Joanna’s best interests to remain here, rather than return to
China.
“It will give her a chance of a fresh start and also acceptance. She cannot bring herself to meet anyone who knows the old Joanna back in China,” he says.
They are in the process of seeking immigration and legal advice on available options. Sam says their priority is obtaining stability and certainty for Joanna’s future.
“Joanna needs ongoing artificial limb adjustments as she grows, and I believe the support she will get in New Zealand will be better than China,” Sam says.
“After what has happened, we feel that Joanna’s welfare and wishes are paramount. We owe her that. We pray every day for her to be healed.”
Fang had earlier admitted to charges of careless driving causing injury to Joanna, Qin He, Jun Yang and Yixin Cai.
Immigration New Zealand’s border and visa operations general manager Nicola Hogg, said the family was in New Zealand on visitor visas, which would expire on July 18.
She said there was no specific pathway to residency for people who had been injured while in New Zealand.
“Mr Dong will need to apply for a further visa for him and his daughter if they wish to remain in New Zealand,” Hogg says.
“Mr Dong can apply for the visa that best fits their situation. Any application would be considered against the relevant immigration instructions for that visa type.”
The others in the group have returned to China.
Fang’s application for a discharge without conviction was declined by Judge John Strettell in the Queenstown District Court. Fang was also disqualified from driving for nine months.