Malaysian official on sex charge uses diplomatic immunity to leave NZ

Muhammad Rizalman bin Ismail, charged with sexual assault, will be extradited if New Zealand government requests it

theguardian.com, AP, Kuala Lumpur, Tuesday 1 July 2014

Malaysia's foreign minister, Anifah Aman, speaks to press in Putrajaya,
Malaysia. Photograph: Vincent Thian/AP

Malaysia has confirmed that a junior military official at its diplomatic mission in New Zealand has returned home in disgrace using diplomatic immunity after being charged with sexual assault.

Malaysia's foreign minister, Anifah Aman, told reporters that a defence ministry panel will investigate second warrant officer Muhammad Rizalman bin Ismail, 38, and "stern action will be taken" if he is found guilty.

"Diplomatic immunity is not a licence for them to commit crime," he said.

Anifah said Muhammad Rizalman was working at the Malaysian high commission in Wellington for the past year as a defence staff assistant.

New Zealand police said he followed a 21-year-old woman home and assaulted her. They have charged him with burglary and assault with the intent to rape, each of which carries a maximum prison sentence of 10 years.

Anifah said the accused will be sent back to New Zealand "if it is absolutely necessary". Asked to elaborate, Anifah said he will be extradited if New Zealand requests it or if its government thinks the Malaysian investigation is not being conducted properly.

He said the accused was detained on 9 May and charged on 10 May, and returned home with his family on 22 May. Initially, Malaysia was willing to waive diplomatic immunity but decided to take up New Zealand's offer to invoke it and have him brought back home for investigations.

However, New Zealand's prime minister, John Key, indicated earlier that his government would have preferred to keep the accused in New Zealand and try him there. But Malaysia "stopped us from doing that by invoking diplomatic immunity", he said.

The differing versions could not be immediately reconciled.

Anifah said it was never Malaysia's intention to treat the matter lightly. He said the accused was sent for a medical checkup after his return. "His physical state is satisfactory. However he is now under psychiatric evaluation to assess his mental and emotional condition."

The defence ministry has established an inquiry to investigate the case thoroughly and has given assurance that "it will not compromise or conceal any facts on the case, being fully aware that Malaysia's good name is at stake," Anifah said.

He added: "The Malaysian government acknowledges that the incident is a serious matter and we do not have any intention to sweep the matter under the carpet."

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