20-year sentence may see end to Rizalman saga

Disgraced diplomat in the dock for charges on burglary and intent to rape a 21-year-old.

WELLINGTON: Defamed Malaysian military official Muhammad Rizalman Ismail, who left the country while facing criminal charges five months ago, has been remanded in custody following a court appearance today.

He has been accused of burglary and assault with intent to rape Tania Billingsley, 21, at her Wellington home on May 9, after making a brief appearance in front of Justice of the Peace Hewitt Humphrey in the Wellington District Court.

The New Zealand Herald reported that Humphrey remanded Rizalman in custody and cancelled an arrest warrant that had been issued on May 30.

A well-scrubbed Rizalman who stood quietly in the dock during the proceedings that lasted only a few moments, was wearing a brown leather jacket with a blue striped shirt.

People, believed to be from the Malaysian High Commission, were in the public gallery. There was large media presence at court today and before Rizalman’s hearing, Humphrey heard arguments regarding media applications to film, photos and recordings of the proceedings.

Rizalman’s lawyer Donald Stevens QC opposed the applications saying that they would damage his client’s right to a fair trial.

Steven explained that Rizalman had only touched down in New Zealand at around midnight and was jet lagged and tired. He argued that any photos and footage that did not show his client in the best light could be used in future reports to the detriment of Rizalman.

He also argued media had filed their applications at a late stage and there had not been enough time to consider the applications properly.

Prosecution for police Grant Burston said photos taken today could impact on a fair trial and suggested the matter be adjourned until Tuesday at Rizalman’s appearance in front of a judge. Humphrey said a submission by Billingsley said she did not oppose media applications.

He granted photos, footage and recordings of the proceedings, but not of the defendant. The images were not allowed to be posted on social media websites, he said. The ruling was for today’s hearing only.

The 38-year-old former defence attache was returned by the Malaysian Foreign Affairs Ministry yesterday to face trial at the Wellington District Court this morning.

Rizalman arrived in Auckland overnight and arrived in Wellington this morning, where he travelled directly to the District Court with his lawyer appointed by him and not the Malaysian government.

The daily reported that he was accompanied by two New Zealand police officers and two Malaysian military officers based on an extradition request filed by the New Zealand government on October 3.

Rizalman was working at the Malaysian High Commission in Wellington when he was arrested May 9 for allegedly following a 21-year-old woman home and assaulting her.

He was charged with burglary and assault with the intent to rape, each of which carries a maximum prison sentence of 10 years.

He claimed diplomatic immunity and returned home May 22.

“Rizalman’s return to New Zealand is a testimony of the close cooperation between the various government agencies of both Malaysia and New Zealand and in keeping with the rule of law of both countries,” said the ministry in a statement released earlier.

“Malaysia is confident that Rizalman will be accorded a fair trial by the New Zealand court.”

His return came after months of delay as Malaysia’s government said Rizalman had to undergo physical and mental examination to ensure he is fit for trial.

Malaysian officials have also expressed concerns after the accuser spoke out publicly. They said anybody involved in a case should not be speaking publicly in a way which could prejudice a defendant’s right to a fair trial.

Billingsley identified herself publicly as the victim in July and said she felt frustrated and angry that Rizalman had been able to leave New Zealand.

The story so far:

• May 9: Muhammad Rizalman Ismail, a military attache at the Malaysian High Commission, alleged to have attacked Wellington woman Tania Billingsley in her home. He is arrested.
• May 10: Rizalman charged with burglary and assault with intent to rape. NZ government asks Malaysia to waive diplomatic immunity.
• May 22: Rizalman leaves NZ with immunity after a mix-up between NZ and Malaysian officials.
• Jun 29-30: The case is made public. An inquiry begins over how the diplomat was allowed to leave.
• Jul 2: Malaysia confirms Rizalman will be returned to NZ after psychiatric assessments.
• Oct 22: Foreign Minister Murray McCully confirms a court case concerning Rizalman’s extradition has taken place in Malaysia.
• Oct 24: Rizalman returned to face charges.