Semisi Tupou Ta’eiloa (19) appeared in the Dunedin District Court yesterday, just days after he had returned from the national under-20 Super Rugby tournament in Taupo where the Highlanders took third place.
The back rower, though, began making headlines three years ago while representing Otago Boys’ High School.
A 50m try, during which he swatted away 10 would-be tacklers, went viral on national and international websites.
Tupou Ta’eiloa went on to represent age-grade teams for Otago, the Highlanders and toured with the NZ under-19 team in South Africa.
At 8.44am on July 31 last year, however, he stopped at a police checkpoint in Castle St while driving his father’s car. There were four passengers inside.
Tupou Ta’eiloa recorded a breath-alcohol reading of 580mcg — more than twice the adult limit. For under-20s the limit is zero.
The defendant told police "he was the most sober out of his friends and he felt he should drive".
He said he had been up all night drinking whisky.
Judge David Robinson said the court would treat Tupou Ta’eiloa and his application for a discharge without conviction just as it would any other.
"It’s often suggested there’s almost a two-tiered justice system. One for people that come from sporting backgrounds or who wish to pursue professional sport, the suggestion effectively that they receive some sort of preferential treatment around drink-driving.
"My approach is to consider a sporting career the same as employment. It’s a job you aspire to in the same way someone wants to be a nurse, a doctor or a teacher."
Tupou Ta’eiloa received references from his Highlanders under-20s coach Ryan Bambry, another from a New Zealand Rugby development manager and one from his former high-school rector Richard Hall.
The judge said it was clear the player had "considerable ability" and was known as someone of high character.
A criminal record would mean impediments to international travel and could result in Tupou Ta’eiloa being overlooked by professional teams, counsel Libby Hadlow said.
"Clubs are now under a bit more scrutiny than in the past for players’ conduct off the field."
Judge Robinson acknowledged there was a drinking culture that went with the sport.
"I worry if I do discharge you, I send the wrong message, that rugby players do get a second chance."
Tupou Ta’eiloa told the court he would use his recent experience on the Right Track programme (a course targeted at changing driving behaviour) to educate his team-mates about the dangers of drink-driving.
The judge asked what he had learned.
"Having a plan ... not just for alcohol but for life," Tupou Ta’eiloa said.
Judge Robinson granted the discharge but imposed a six-month driving ban.
"When you see others drinking and knowing there’s the potential for them to drive, you be the voice of reason, you stand up and give them the benefit of your experience."
