Malaysia to try soldier, won’t waive diplomatic immunity in NZ sexual assault
Malaysia will not be waiving diplomatic immunity for the Malaysian diplomat who is a suspect in a New Zealand sex assault case unless "absolutely necessary", Foreign Affairs Minister Datuk Seri Anifah Aman said today.
Instead, investigations against Muhammad Rizalman Ismail Rizalman will be done in Malaysia, and the Ministry of Defence (Mindef) has already set up a Board of Inquiry to probe into the matter, he said.
"If it is absolutely necessary, that we think it is best to (waive his immunity) we will do it, without hesitation," Anifah told a press conference in Wisma Putra, Putrajaya.
"But we have utmost confidence in the board of inquiry by Mindef... and they will communicate with the New Zealand authorities."
Anifah also said the waiver would be deemed necessary when New Zealand requested for the 38-year-old's return, out of belief that the investigations in Malaysia were not done properly.
He added that it was the New Zealand authorities who had allowed Rizalman to be brought back to Malaysia in May.
"The Ministry of Foreign Affairs was prepared to waive diplomatic immunity of the accused to enable prosecution under New Zealand law against him to proceed.
"During the discussion on May 12, the New Zealand side had offered an alternative for the accused to be brought back to Malaysia.
"It was never our intention to treat the matter lightly."
He said the discussions involved the Malaysian high commissioner in Wellington, deputy chief of protocol from the Ministry of Foreign Affairs and Trade of New Zealand (MFAT), and officers from the New Zealand police.
Rizalman, a second warrant officer from the Ministry of Defence attached to the High Commission of Malaysia in Wellington the past year, was arrested on May 9 for attempted burglary and sexual assault on a woman.
He had followed the 21-year-old to her Brooklyn home on May 9 when the alleged assault occurred.
Anifah today said Mindef would not hesitate to act against Rizalman under the Armed Forces Act 1972, which could see him charged in a military court.
“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,” he said.
He said Mindef had conducted a physical assessment of the accused upon his return to Malaysia, and the results were satisfactory.
Rizalman was now undergoing psychiatric examination and observation at the Tuanku Mizan Military Hospital, said Anifah.
“Although an isolated case, the Malaysian government views the matter seriously and in no way reflects the exemplary conduct and integrity of the Malaysian diplomatic officials serving abroad.”
He could not say how long the investigations would take, but added that New Zealand authorities were prepared to provide Malaysia with all evidence it had on Rizalman.
“They (Mindef) will work closely with the New Zealand authorities, especially police, to get any evidence. One thing that is important is that the person is brought to trial.”
The case has created much uproar in New Zealand, especially over the inability to prosecute the accused over the sexual assault.
New Zealand Prime Minister John Keys’ administration had also come under much criticism from the New Zealand opposition and the public for having only summoned the Malaysian high commissioner more than a month after the incident.
"It was our strong preference that this person be held to account in New Zealand, but this was refused by the sending country," Keys was quoted as telling the media, adding that he was given an assurance that the diplomat will be held accountable in his own country. – July 1, 2014.
