Charge

On 24 August 2022 by audio visual link the Health Practitioner’s Disciplinary Tribunal (“the Tribunal”) heard a charge of professional misconduct laid by a Professional Conduct Committee (“the PCC”) appointed by the Nursing Council of New Zealand (“the Council”) against Mr Alexander Villaluna, a registered nurse of New Zealand and Australia (“the Nurse”).

The charge alleged that:

1. On 2 June 2017, Alexander Villaluna was convicted in the Supreme Court of New South Wales of one charge of murder punishable by a term of imprisonment for life pursuant to section 18(1)(a) of the Crimes Act 1900 Law Part Code 2 in that:
   1. On 30 March 2016 he did murder a man.
2. On 2 June 2017 Mr Villaluna was convicted in the Supreme Court of Sydney of one charge of wounding with intent to cause grievous bodily harm punishable by a sentence of imprisonment not exceeding 25 years pursuant to section 33(1)(a) of the Crimes Act 1900 Law Part Code in that:
   1. On 30 March 2016 he did wound a woman with intent to cause grievous bodily harm.

The PCC charged that the particulars separately and/or cumulatively reflect adversely on Mr Villaluna’s fitness to practise pursuant to section 100(1)(c) of the Act.

Background

The Nurse initially registered in New Zealand in 2007 and then moved to Australia. In March 2016 the Nurse grievously harmed his estranged ex-partner, Ms Pilapil, and the man she was eating dinner with, Mr Collins, in a Sydney shopping mall.

The Nurse and Ms Pilapil were both from the Philippines and met in New Zealand where they commenced a relationship. They share one child. Throughout the course of the relationship the Nurse was violent and controlling towards Ms Pilapil, until the relationship ended in January 2016.

The offending took place in March 2016, when the Nurse apprehended Ms Pilapil and Mr Collins eating dinner. The Nurse was angered by the presence of Mr Collins and attacked the pair with a hunting knife. Mr Collins died at the scene after suffering multiple injuries, while Ms Pilapil managed to escape after suffering multiple injuries.

Finding

The Tribunal found the charge established.  Particulars 1.1, and 2.1 each individually were serious enough to warrant disciplinary sanction. The sentencing judge described the attacks as cowardly and vicious acts which followed years of torment on Ms Pilapil by the Nurse. The New South Wales Supreme Court sentenced the nurse to a term of imprisonment of 40 years comprising a non-parole period of 30 years and an additional 10 years.

The Tribunal considered the only appropriate penalty was cancellation to reflect the seriousness of the offending. This was serious and extreme offending that threatened the public trust and confidence in the integrity of the nursing profession. The Nurse remains incarcerated in Australia.

Penalty

The Tribunal ordered the nurse be:

• Censured
• Cancellation of registration
• Pay $7,084 amounting to 50% of the investigation, prosecution and hearing costs.

The Tribunal directed publication of the decision and a summary.