TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

Malaysian officer back to face New Zealand charges

A Malaysian military officer was back in a New Zealand court Saturday to face sexual assault charges five months after he left the country under the protection of diplomatic immunity

The Jakarta Post
Wellington
Sat, October 25, 2014

Share This Article

Change Size

Malaysian officer back to face New Zealand charges

A

Malaysian military officer was back in a New Zealand court Saturday to face sexual assault charges five months after he left the country under the protection of diplomatic immunity.

Muhammad Rizalman Ismail did not say anything during his brief appearance at the Wellington District Court. He was taken into police custody and scheduled to reappear before a judge Tuesday.

The case has proved to be diplomatically embarrassing for both Malaysia and New Zealand. The two countries have offered varying accounts of why the official, who worked at the Malaysian Embassy in Wellington, was initially allowed to leave.

It has also raised questions about the moral implications of the Vienna Convention, which offers special legal protections to diplomats and their embassy staff.

Both countries hope that Rizalman's return to New Zealand will help ease those concerns. He was extradited this week under an agreement between the two countries, which don't have a formal extradition treaty.

Rizalman will now face the charges as an ordinary citizen without diplomatic immunity.

About a half dozen Malaysian Embassy officials attended Saturday's court appearance. They said they were there to offer Rizalman assistance but declined further comment.

Rizalman was arrested May 9 for allegedly following a 21-year-old woman home and assaulting her. He was charged with burglary and assault with the intent to rape, each of which carries a maximum prison sentence of 10 years.

He returned to Malaysia less than two weeks later under diplomatic immunity protection.

When the case came under media scrutiny, New Zealand officials at first insisted that Malaysia had invoked the diplomatic protections against their will.

But Malaysia's Foreign Affairs Minister Kenyataan Akhbar countered that "the New Zealand side had offered an alternative for the accused to be brought back to Malaysia."

New Zealand officials then conceded they may have given the mistaken impression they didn't oppose Rizalman returning home. New Zealand Foreign Minister Murray McCully apologized to the alleged victim, Tania Billingsley, for "the poor management of this case."

Billingsley in July decided to identify herself and speak out publicly, saying she felt frustrated and angry Rizalman had been able to leave.

His return to New Zealand came after months of delay as Malaysia's government said Rizalman had to undergo physical and mental examinations to ensure he was fit to stand trial, and lawyers drafted a special extradition document.

Malaysian officials have expressed concerns about Billingsley's decision to speak publicly, saying anybody involved in a case shouldn't be speaking in way which could prejudice a defendant's right to a fair trial.

The 1961 Vienna Convention spells out the special protections afforded to diplomats and their embassy staff. Diplomats enjoy full immunity from local laws; staff are immune from criminal prosecution but not from certain civil matters.

The home country can choose to waive immunity in any particular case, and diplomats and their staff can face legal sanctions when they return home.

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.