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10 APRIL 2024

Tuesday, July 1, 2014

MALAYSIAN COURTS FAIL TO RAISE CONFIDENCE: NZ guarantees fair trial if diplomat returns to face sex charges

KUALA LUMPUR - The Malaysian diplomat accused of sexual assault in New Zealand will get a “fair trial” if he returns there to face the criminal charge, the island country’s Prime Minister John Key said today.
Key also stressed that Muhammad Rizalman Ismail’s life would not be in danger if he is tried by the New Zealand courts.
“We don’t have the death penalty in New Zealand and he’ll absolutely get a free and fair trial in New Zealand.
“One thing that we can pride ourselves is having a judicial system that’s completely fair,” Key was quoted saying by New Zealand news agency Dominion Post on the website stuff.co.nz.
In the same report, Key said New Zealand had “sent a very strong message that we didn’t want him sent home”, stressing his administration’s firm stand that it wanted Muhammad Rizalman to face trial there.
Key’s remark today was issued ahead of this afternoon’s press conference on Muhammad Rizalman’s status by Malaysia’s Foreign Minister Datuk Seri Anifah Aman.
Earlier today, The Star reported Anifah as confirming yesterday that Malaysia had previously recalled the diplomat but was not “protecting” him, adding that he would be returned to New Zealand provided he is assured of a fair trial and his life is not in danger.
Muhammad Rizalman, 38, was arrested by Kiwi police on May 9 on allegations of attempted burglary and sexual assault on a 21-year-old woman.
He was charged in a New Zealand court a day later for burglary and assault with intent to commit rape, with the court granting a suppression order to protect his identity.
According to New Zealand’s criminal laws, the maximum penalty for both charges is a 10 year jail term.
The suppression order was lifted earlier today, amid growing outrage in New Zealand including from Key saying that he would prefer that the he tried in their courts and not in his home country.
At the noon news conference today, Anifah said Malaysia is willing to extradite Muhammad Rizalman to New Zealand to face charges if Wisma Putra thinks “it is best to do so”, adding that the Malaysian government will “consider” any request from New Zealand if they think investigations are not done properly here.
Anifah said Muhammad Rizalman ― a Second Warrant Officer seconded from the Defence Ministry (Mindef) ― will be probed by a Board of Inquiry that was set up by the ministry, adding that it was in constant communication with New Zealand’s authorities.
Calling Muhammad Rizalman’s case an “isolated” incident that should not tarnish other Malaysian diplomats, Anifah said Mindef will not hesitate to take stern action under the Armed Forces Act 1972 if it is proven beyond reasonable doubt that the diplomat had committed the alleged misconduct.
Anifah denied that Malaysia invoke diplomatic immunity to repatriate Rizalman, saying they were prepared to waive it, but opted to take up New Zealand’s offer on May 12 to let him fly home.
“With the agreement of the New Zealand side, the accused person and his family returned to Malaysia on May 22,” he said, adding that Rizalman was accompanied by a Mindef officer on the trip back. -Malaymail

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