Malaysia's TWO-FACED diplomacy in NZ sex assault case

PUTRAJAYA - Malaysia's handling of the case involving a Defence Ministry staff, facing a sexual assault charge in New Zealand, has seemingly been two-faced.

Foreign Minister Datuk Seri Anifah Aman said today the government will not compromise investigations into the actions of Second Warrant Officer Muhammad Rizalman Ismail, who was apprehended by New Zealand police on May 9 and taken to court the next day on charges of burglary and assault with intent to commit rape.

"The Foreign Ministry was prepared to waive the diplomatic immunity of the accused to enable prosecution under New Zealand laws to proceed," Anifah said.

However, during a discussion on May 12, the New Zealand side offered an alternative for the accused to be brought back to Malaysia.

A letter from the Malaysian High Commission dated May 21, which was released by the New Zealand government to the New Zealand media, however, stated that the Malaysian government "will not waive the man's personal immunity and asked that charges against him be dropped".

At a press conference today, Anifah said: "It was never our intention to treat the matter lightly.

He described it as an isolated case, which in no way reflects the exemplary conduct and integrity of the Malaysian diplomatic officials serving abroad.

He said with the agreement of the New Zealand side, the accused and his family returned to Malaysia on May 22 and Muhammad Rizalman has since been referred to Tuanku Mizan Military Hospital for psychiatric examination and observation to assess his mental and emotional condition.

Anifah said Mindef has established a board of inquiry to gather information and evidence from New Zealand to thoroughly investigate the matter.

"Mindef will not hesitate to take stern action against the accused person under the Armed Forces Act 1972, if it is proven beyond reasonable doubt that he committed the alleged misconduct," he said.

He said the government has no intention of sweeping the matter under the carpet.

However, letters released by the New Zealand government to the New Zealand media, showed otherwise.

The New Zealand Herald reported that among the letters was one from the Malaysian High Commissioner to the Ministry of Foreign Affairs and Trade (MFAT) of New Zealand dated May 21 which stated that the Malaysian government will not waive the personal immunity granted to Muhammad Rizalman and had decided that he should be repatriated to Malaysia as soon as possible.

"The High Commission of Malaysia would like to also seek the cooperation of the MFAT and New Zealand police to kindly consider sealing all documentation pertaining to the above mentioned matter and withdrawing all charges against Muhammad Rizalman," the letter said.

Anifah Aman

The letter added that the high commission assured MFAT that the Malaysian government would ensure that Muhammad Rizalman does not return to New Zealand in the future.

The other letter was by MFAT to the high commission on May 10, asking that Malaysia waive the personal immunity to allow the New Zealand police to prosecute Muhammad Rizalman, as it was of public interest and due to the serious nature of the offence.

"In order for the New Zealand police to proceed with the prosecution of (Muhammad Rizalman), the ministry therefore wishes to seek from the Malaysian authorities a waiver of the personal immunity granted to (him)under Article 31 of the Vienna Convention on Diplomatic Relations and of the personal inviolability granted under Article 29," it stated.

Meanwhile, Defence Minister Datuk Seri Hishammuddin Hussein has vowed that action will be taken.

"Under my leadership at @1MinDef, anyone who is in the wrong will not be above the law. Stern action will be taken without fear or favour," Hishammuddin said in a post on his Facebook page.

Lawyers for Liberty has also urged the Malaysian government to waive Muhammad Rizalman's diplomatic immunity and allow him to be extradited to New Zealand immediately to stand trial.

Its executive director Eric Paulson stressed that diplomatic immunity is not a licence to commit crimes, adding it was clear that Muhammad Rizalman had abused his diplomatic privilege. -Sundaily