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Friday, July 11, 2014

Sex-assault suspect must be sent to New Zealand for mental evaluation, say lawyers

Muhammad Rizalman Ismail, who is accused of sexual assault and burglary, was posted at the Malaysian High Commission in Wellington and returned to Malaysia after invoking diplomatic immunity. – AFP pic, July 11, 2014.Muhammad Rizalman Ismail, who is accused of sexual assault and burglary, was posted at the Malaysian High Commission in Wellington and returned to Malaysia after invoking diplomatic immunity. – AFP pic, July 11, 2014.
Malaysian lawyers are questioning Putrajaya's rationale in holding back Second Warrant officer Muhammad Rizalman Ismail for more psychiatric tests, arguing only the trial court in New Zealand can order that the sex-assault suspect undergo mental evaluation.
They also said Putrajaya was undermining the New Zealand justice system every single day it delayed sending back the 38-year-old soldier to face sexual assault and burglary charges in Wellington.
Lawyer M. Visvanathan said Rizalman must be sent back for a trial as the soldier has been charged for two offences.
According to media reports, a second batch of psychiatric experts are evaluating Rizalman at the Tuanku Mizan Military Hospital in Kuala Lumpur.
The reports said the mental condition of Rizalman had to be evaluated by experts so that it would hold up in New Zealand courts.
Visvanathan said keeping Rizalman at the hospital was a mockery of the New Zealand court because the findings were of little or no value there.
"Our credibility is at stake by delaying his departure. We are seen as challenging the New Zealand legal and judicial system," he said.
Another lawyer, S. N. Nair, said Rizalman must be allowed to go through the due process, adding that he was innocent until proven guilty.
"Putrajaya must engage a counsel for Rizalman there who will apply to the court for an expert to determine his mental state," he said.
He said the report by local doctors was insignificant as Rizalman would be subject to the New Zealand criminal procedure code.
However, lawyer Amer Hamzah Arshad said the reports prepared by local doctors could be tendered in a New Zealand court.
"I believe the investigators there will also send Rizalman to a hospital there and a report will be tendered in court," he said.
He said Rizalman's lawyers could submit the report prepared by doctors from the military hospital.
"Reports are mere opinions and it is for the court to decide if they are credible," he said.
Armed Forces chief Tan Sri Zulkefli Mohd Zin said on Sunday that it had yet to be decided when to send Rizalman back as the soldier's mental and emotional health was being monitored.
Rizalman was supposed to have been flown back to New Zealand that day but that arrangement was temporarily shelved after doctors ordered more psychiatric tests as he seemed withdrawn and depressed.
The case made headlines in both Malaysia and New Zealand following reports that Rizalman had returned to Malaysia after invoking diplomatic immunity despite his arrest on May 9 for attempted burglary and sexual assault.
He was charged the following day.
It was also reported that Malaysia had asked New Zealand to drop all charges against Rizalman.
Putrajaya, however, later said that it would extradite Rizalman after having initially turned down the New Zealand government's request to waive his diplomatic immunity.
Tania Billingsley, the 21-year-old who has accused Rizalman of attacking her at her home, said Rizalman left the country against her wishes, adding that she felt the New Zealand authorities had not pursued her case hard enough.
- TMI

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