2014 Malaysian diplomat indecent assault case

January 2015 May 2026 The Malaysian diplomat indecent assault case occurred on 9 May 2014 when the Malaysian diplomat Mohammed Rizalman bin Ismail was arrested by the New Zealand Police and charged with burglary and assault with intent to rape after allegedly following a 21-year-old woman, Tania Billingsley, to her home.http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=11284197 Govt wanted sex case diplomat to face charges - Key 30 June 2014 New Zealand Herald 30 June 2014http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11285543 Diplomat case: NZ asked to drop all charges 30 June 2014 New Zealand Herald 30 June 2014 Following an Official Information request filed by members of the New Zealand media, the New Zealand Government released details of the Rizalman case to the New Zealand public. The New Zealand Ministry of Foreign Affairs and Trade was criticised for allowing Rizalman to leave the country, which was blamed on miscommunication between the foreign ministries of the two countries.http://www.radionz.co.nz/news/national/248702/ministry-investigates-diplomat-muddle Ministry investigates diplomat muddle 30 June 2014 Radio New Zealand News 30 June 2014 Malaysia eventually agreed to send the diplomat back to assist in investigations.http://www.independent.ie/world-news/asia-pacific/malaysia-to-send-diplomat-back-to-new-zealand-wanted-on-sex-charges-30401617.html Malaysia to send diplomat back to New Zealand wanted on sex charges The Independent 3 July 2014https://www.theguardian.com/world/2014/jul/01/malaysian-official-sexual-assault-charge-diplomatic-immunity-leave-new-zealand Malaysian official on sex charge uses diplomatic immunity to leave NZ The Guardian 1 July 2014 On 24 October 2014, Rizalman returned to New Zealand after the Malaysian Government received a formal extradition request from the New Zealand Government.Nicholas Cheng http://www.thestar.com.my/News/Nation/2014/10/24/Muhammad-Rizalman-extradited-to-New-Zealand/ Muhammad Rizalman extradited to New Zealand 24 October 2014 The Star 16 November 2014 On 30 November 2015 Rizalmann pleaded guilty to a charge of indecent assault in this case.http://www.stuff.co.nz/national/crime/74473320/military-attache-pleads-guilty-to-indecent-assault-in-wellington.html Military attache pleads guilty to indecent assault in Wellington Fairfax New Zealand 30 November 2015 On 4 February 2016, Rizalman was sentenced to nine months' home detention.https://www.telegraph.co.uk/news/worldnews/asia/malaysia/12139460/Malaysian-envoy-gets-nine-months-detention-for-indecent-assault.html Malaysian envoy gets nine-months detention for indecent assault The Telegraph 4 February 2016 On 4 November, Rizalman was deported back to Malaysia after serving his sentence.Malaysian envoy sentenced over NZ sex assault sent home http://www.themalaymailonline.com/malaysia/article/malaysian-envoy-sentenced-over-nz-sex-assault-sent-home 7 December 2016 Malay Mail 4 November 2016 Diplomatic career Prior to his first posting to New Zealand in 2013, Rizalman was a warrant officer in the Malaysian Army. He worked as an Assistant Defence Attache at the Malaysian High Commission in Wellington. Rizalman is also known to have a wife and three children. During his time in New Zealand, Rizalman and his family resided in the Wellington suburb of Newlands.http://www.3news.co.nz/nznews/who-is-muhammad-rizalman-ismail-2014070216 Who is Muhammad Rizalman Ismail 2 July 2014 3 News 15 November 2014 https://web.archive.org/web/20141127073844/http://www.3news.co.nz/nznews/who-is-muhammad-rizalman-ismail-2014070216 27 November 2014 dead Tania Billingsley sexual assault case Alleged burglary and sexual assault On 9 May 2014, Rizalman was arrested by the New Zealand Police after following a 21-year-old Wellington woman home and allegedly assaulting her. The following day, he appeared in the Wellington District Court and was charged with burglary and intent to rape, which carry a ten-year prison sentence. Rizalman claimed diplomatic immunity and was allowed to return to Malaysia on 22 May 2014. While the New Zealand Government asserted that it wanted Rizalman to remain in the country to face trial, miscommunication between Malaysian and New Zealand officials led the Malaysian Government to believe that the New Zealand Government would not object to repatriating Rizalman and him being tried before a Malaysian military court. According to the Malaysian Foreign Minister Anifah Aman, the Malaysian Government was always willing to waive immunity and to allow Rizalman to be tried in New Zealand. Details of the case were not divulged to the general public until early July 2014. Following his return to Malaysia, Rizalman was checked into a Malaysian military hospital for psychiatric evaluation. He was also scheduled to face a military board of inquiry and potentially a court-martial.Isaac Davidson http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11286442 Sex case diplomat to return to Malaysia 2 July 2014 New Zealand Herald 16 November 2014 Media coverage On 30 June 2014, the New Zealand Prime Minister John Key confirmed that an unidentified foreign diplomat had departed New Zealand following a police investigation into an alleged sexual assault that had occurred in Wellington in May 2014. The New Zealand Ministry of Foreign Affairs and Trade requested that the diplomat's home country waive his diplomatic immunity but the request was refused.Blake Clayton-Brown http://www.stuff.co.nz/national/politics/10215339/30-years-of-incidents-involving-diplomats 30 years of incidents involving diplomats 30 June 2014 Stuff.co.nz 15 November 2014 Following an Official Information request filed by Fairfax Media on 1 July 2014, the New Zealand Government released Rizalman's identity and details of the case to the New Zealand public. The New Zealand Government also released documents which said that the Malaysian Government had refused to waive diplomatic immunity in the alleged rape case and had sought to have the charges dropped and the case sealed. This contradicted a statement by the Malaysian Foreign Minister Anifah Aman that New Zealand had allowed Rizalman to invoke his diplomatic immunity and to return to Malaysia.http://www.stuff.co.nz/national/politics/10219574/NZ-and-Malaysia-offer-differing-views-on-diplomats-treatment NZ and Malaysia offer differing views on diplomat's treatment 1 July 2014 Stuff.co.nz 15 November 2014 Note No. 2014/125 https://s3.amazonaws.com/s3.documentcloud.org/documents/1211343/malaysia-tpn-nz-request.pdf New Zealand Ministry of Foreign Affairs and Trade 10 May 2014 21 November 2014 BP 04/2014 http://static.stuff.co.nz/files/Malaysialetter.pdf High Commission of Malaysia, Wellington 21 May 2014 15 November 2014 Key also assured the Malaysian Government that Rizalman would receive a fair trial in New Zealand and that there was no danger to his life, stressing that New Zealand had already abolished the death penalty.http://www.themalaymailonline.com/malaysia/article/malaysia-asked-to-drop-sex-assault-charge-against-envoy-nz-documents-show Malaysia asked to drop sex assault charge against envoy, NZ documents show 1 July 2014 The Malay Mail 15 November 2014 On 2 July 2014, the Malaysian Government confirmed it would return Rizalman to Malaysia to face charges. The New Zealand Police also confirmed that Rizalman was being charged with burglary and assault with intent, offences which carry a jail term of ten years. News reports of the Rizalman case in New Zealand sparked public criticism of the Fifth National Government for allowing the diplomat to return to his home country. Meanwhile, the Malaysian Government was criticised by the opposition and Malaysian activists for protecting an alleged rapist.https://www.theguardian.com/world/2014/jul/02/malaysia-diplomat-new-zealand-rape-charge Malaysia will return diplomat to face attempted rape charge in New Zealand 3 July 2014 The Guardian 15 November 2014 On 9 July 2014, it was reported that the alleged rape victim, Tania Billingsley, had voluntarily waived her right to name suppression by appearing on the New Zealand television channel 3 News's 3rd Degree Programme. She demanded that the Minister of Foreign Affairs Murray McCully apologise to her for the Government's handling of the case. The Ministry of Foreign Affairs and Trade was also criticised for mishandling the Rizalman case by sending the Malaysian Government confusing signals which gave the impression that the New Zealand Government was willing to allow Rizalman to return to Malaysia. This contradicted the Prime Minister's official position that Rizalman should face justice in New Zealand. John Allen, the Secretary of Foreign Affairs and Trade, also apologised to Billingsley on behalf of the Ministry.Paula Penfold http://www.3news.co.nz/tvshows/3rd-degree/woman-at-centre-of-malaysian-diplomat-case-speaks-out-2014070915 Woman at centre of Malaysian diplomat case speaks out 9 July 2014 3 News 15 November 2014 dead https://web.archive.org/web/20141127091718/http://www.3news.co.nz/tvshows/3rd-degree/woman-at-centre-of-malaysian-diplomat-case-speaks-out-2014070915 27 November 2014 The right-wing New Zealand blogger Cameron Slater drew controversy within the New Zealand blogosphere for speculating on his blog Whale Oil that the alleged sexual assault case had resulted from a break-up between Rizalman and Billingsley. Slater also criticised the Green Party MP Jan Logie for supporting Billingsley in her criticism of the Government's handling of the case.http://www.whaleoil.co.nz/2014/08/muhammad-rizalman-bin-ismail-still-way-back-new-zealand/ Muhammad Rizalman bin Ismail still on his way back to New Zealand Slater Cameron 4 August 2014 Whale Oil 17 October 2014 19 September 2014 https://web.archive.org/web/20140919132241/http://www.whaleoil.co.nz/2014/08/muhammad-rizalman-bin-ismail-still-way-back-new-zealand/ dead In response, the left-wing blogger Martyn "Bomber" Bradbury criticised Slater for resorting to victim blaming.http://thedailyblog.co.nz/2014/07/16/surely-whaleoil-insinuating-tania-billingsley-led-her-rapist-on-is-the-new-lowest-of-the-low/#sthash.ur1imsYd.dpuf Surely Whaleoil insinuating Tania Billingsley led her rapist on is the new lowest of the low??? Bradbury Martyn 16 July 2014 The Daily Blog 17 October 2014 Extradition to New Zealand On 3 October 2014, the New Zealand Government formally applied for Rizalman's extradition with the Malaysian authorities. The application was heard and granted by the Malaysian Sessions Court on 16 October 2014.http://english.astroawani.com/news/show/muhammad-rizalman-succeeds-having-address-changed-47573 Muhammad Rizalman succeeds in having address changed 3 November 2014 Astro Awani 16 November 2014 According to Prime Minister John Key, the extradition process was complicated by the lack of an extradition agreement between Malaysia and New Zealand but he also stressed that lawyers from both countries were working hard to speed up the extradition process.Isaac Davison http://www.odt.co.nz/news/national/318672/malaysian-diplomat-could-delay-his-extradition Malaysian diplomat could delay his extradition 7 October 2014 Otago Daily Times 16 November 2014 On 24 October 2014, the Malaysian Foreign Ministry confirmed that Rizalman had boarded a Malaysia Airlines flight from Kuala Lumpur International Airport to Auckland on Friday morning. He was escorted by two New Zealand police officers and two Malaysian Defence Ministry officials. According to The Star newspaper, Rizalman had expressed his wish to voluntarily return to New Zealand. Legal proceedings After an overnight stay in Auckland, Rizalman appeared in the Wellington District Court on 25 October 2014. His lawyer Donald Stevens, QC did not apply for bail and Rizalman was remanded in custody to reappear on 28 October 2014. The presiding Justice of the peace, Hewitt Humphrey, allowed the media to film and record the proceedings, but not the defendant.Quilliam Rebecca http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11348176 Muhammad Rizalman appears in court 25 October 2014 The New Zealand Herald 16 November 2014Sarah Robson http://www.3news.co.nz/nznews/muhammad-rizalman-appears-in-wellington-court-2014102511 Muhammad Rizalman appears in Wellington court 25 October 2014 The New Zealand Herald 16 November 2014 https://web.archive.org/web/20141129011958/http://www.3news.co.nz/nznews/muhammad-rizalman-appears-in-wellington-court-2014102511 29 November 2014 dead On 28 October 2014, Judge Arthur Tomkins granted Rizalman bail to a temporary, undisclosed location but imposed several restrictions including the surrender of his passport, an overnight curfew, not contacting the alleged victim Tania Billingsley, and travel restrictions. He was ordered to reappear the following week to formalise bail conditions. Judge Tomkins also granted the media permission to film and record Rizalman during the hearing.Rebecca Quilliam http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11349241 Malaysian diplomat granted bail 28 October 2014 The New Zealand Herald 16 November 2014 On 3 November 2014, Rizalman successfully applied to have his bail address changed at the Wellington District Court. Judge Bruce Davidson also extended the defendant's curfew hours from 10pm–7am to 7pm–7am. He reappeared in court on 26 November 2014 to enter a plea on the two charges of burglary and assault with intent to commit rape. The Malaysian Deputy Foreign Minister, Datuk Hamzah Zainudin expressed his confidence that Rizalman would receive a fair hearing in New Zealand, stating that the two countries shared "clear and solid legal principles and processes."http://www.themalaysianinsider.com/malaysia/article/rizalman-succeeds-in-having-address-changed-but-nz-court-extends-curfew-ber Rizalman succeeds in having address changed but NZ court extends curfew 3 November 2014 The Malaysian Insider 17 November 2014 dead https://web.archive.org/web/20141109163659/http://www.themalaysianinsider.com/malaysia/article/rizalman-succeeds-in-having-address-changed-but-nz-court-extends-curfew-ber 9 November 2014 On 21 November 2014, Rizalman pleaded not guilty to the charges he was facing. He elected for a trial by jury and returned to the Wellington District Court on 19 February 2015.http://tvnz.co.nz/national-news/former-malaysian-diplomat-pleads-not-guilty-sex-burglary-charges-6152234 Former Malaysian diplomat pleads not guilty to sex, burglary charges 21 November 2014 The Malaysian Insider 21 November 2014 On 2 December 2014, Rizalman applied to have his bail conditions relaxed. This appeal was denied by the Wellington District Court on 3 December for reasons that were suppressed.Quilliam Rebecca http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11368593 Muhammad Rizalman fails to get bail conditions relaxed 4 December 2014 The New Zealand Herald 4 November 2014 On 19 February 2015, Rizalman made a brief appearance in the Wellington court where he was remanded for trial. He was scheduled to reappear in court in April 2015.http://www.stuff.co.nz/national/crime/66382046/extradited-former-malaysian-diplomat-rizalman-remanded Extradited former Malaysian diplomat Rizalman remanded 19 February 2015 The Dominion Post 20 February 2015 On 10 March 2015, several New Zealand news media reported that Rizalman was scheduled to be tried before the High Court in Wellington in November 2015.Former Malaysian diplomat to stand trial in November http://www.3news.co.nz/nznews/former-malaysian-diplomat-to-stand-trial-in-november-2015031013#axzz3U1dmhzR6 11 March 2015 3 News 10 March 2015 https://web.archive.org/web/20150402144804/http://www.3news.co.nz/nznews/former-malaysian-diplomat-to-stand-trial-in-november-2015031013#axzz3U1dmhzR6 2 April 2015 dead On 30 November 2015 Rizalman pleaded guilty to a charge of indecent assault. Related charges of assault and burglary were then dropped. Following his guilty plea, Rizalman attended a disputed facts hearing on 4 December. During the hearing, Rizalman admitted defecating outside Billingsley's house and entering the building without his pants or underwear. However, he denied the Crown prosecutor Grant Burston's assertion that it was part of a black magic ritual to put a charm on her and claimed that he had to make an emergency toilet stop. In addition, Rizalman admitted that he was a long-time consumer of cannabis and had bought high-strength cannabis while stationed as a diplomat in New Zealand. His defence lawyer Donald Stevens also alleged that Rizalman's behaviour during that night was influenced by extenuating circumstances including mental illness, which was contested by the prosecution.Drugs, black magic, poop at ex-Malaysian envoy's Kiwi trial http://www.theedgemarkets.com/my/article/drugs-black-magic-poop-ex-malaysian-envoy%E2%80%99s-kiwi-trial 4 December 2015 Malaysian Insider The Edge Markets 4 December 2015Malaysian envoy defecated outside woman's house - Crown http://www.stuff.co.nz/national/crime/74727957/malaysian-envoy-defecated-outside-womans-house--crown 4 December 2015 Stuff.co.nz 4 December 2015Wong Simon Cooper Emily Malaysian diplomat quizzed on Wellington assault http://www.3news.co.nz/nznews/malaysian-diplomat-quizzed-on-wellington-assault-2015120411#axzz3tKoBFJAV 4 December 2015 3 News 4 December 2015 https://web.archive.org/web/20151208121303/http://www.3news.co.nz/nznews/malaysian-diplomat-quizzed-on-wellington-assault-2015120411#axzz3tKoBFJAV 8 December 2015 dead On 15 December 2015, Justice David Collins accepted the Crown's contention that Rizalman had a sexual motive when following Billingsley to her Wellington home. In addition, the judge also ordered for a pre-sentence report and another report to assess Rizalman's suitability for home detention, which could be served at the Malaysian High Commission in Wellington.Ellingham Jimmy Disgraced diplomat Muhammad Rizalman had sexual motive http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11561456 15 December 2015 New Zealand Herald 15 December 2015 On 4 February 2016, Rizalman was sentenced to nine months' home detention. He served his sentence at a house in Wellington instead of the Malaysian High Commission. Rizalman's sentencing was criticised by the victim Tania Billingsley, who described it as a "kick in the guts". She also criticised the shortness of his home detention term and the lack of treatment for his sexual offending.Malaysian military man Muhammad Rizalman bin Ismail's sentence 'a kick in the guts' for victim http://www.stuff.co.nz/national/crime/76529955/malaysian-military-man-muhammad-rizalman-bin-ismail-sentenced-to-nine-months-home-detention.html 5 February 2016 Stuff.co.nz 4 February 2016 On 4 November 2016, Rizalman was deported back to Malaysia after completing his sentence. Ministerial inquiry As a result of the Rizalman-Billingsley case, the New Zealand Ministry of Foreign Affairs and Trade (MFAT) was criticised for allowing Rizalman to return to Malaysia rather than face charges in New Zealand. MFAT's handling of the case was the subject of a Ministerial Inquiry led by the former Treasury Secretary John Whitehead.http://www.stuff.co.nz/national/politics/64209246/rizalman-report-may-see-disciplinary-action Rizalman report may see disciplinary action Rutherford Hamish 16 December 2014 The Dominion Post 21 December 2014 On 8 November 2014, it was reported that MFAT's Deputy Director of Protocol, Mary Oliver, had resigned from her job due to criticism from the Prime Minister over her handling of the case.http://www.stuff.co.nz/national/politics/10718840/Envoy-criticised-by-Key-quits Envoy criticised by Key quits 8 November 2014 The Dominion Post 17 November 2014 On 16 December 2014, John Whitehead's Ministerial Inquiry released a critical report which outlined 21 "specific recommendations for procedural changes designed to ensure that we have no repetition of these events." It was also reported that MFAT's Director of Protocol Caroline Bilkey had relinquished her position and reassigned as New Zealand's new Ambassador to Brazil. On 5 February 2016, the Foreign Minister Murray McCully confirmed that these 21 procedural changes had since been fully implemented by MFAT.Moir Jo Foreign affairs official no longer at ministry after email botch-up in immunity case http://www.stuff.co.nz/national/politics/76602123/foreign-affairs-official-no-longer-at-ministry-after-email-botchup-in-immunity-case 5 February 2016 Stuff.co.nz 5 February 2015 A copy of the email from MFAT's protocol division that had been blamed for the confusion regarding Rizalman's return to Malaysia was also released on the news website stuff.co.nz.Rizalman letter http://static.stuff.co.nz/files/Rizalmanletter.pdf Stuff.co.nz 5 February 2016 See also Malaysia–New Zealand relations Notes and references 2 Category:Diplomatic incidents Category:Diplomatic immunity and protection Category:Malaysia–New Zealand relations Category:People convicted of indecent assault