NZ law experts fear Malaysian envoy may not get fair trial

http://ift.tt/1r1HEhr KUALA LUMPUR, July 11 — The media frenzy over the diplomatic spat stemming from a Malaysian envoy’s alleged rape attempt of a Kiwi has compromised his chances of a fair trial, legal experts in New Zealand have said. Commenting on news reports in both countries on junior diplomat Muhammad Rizalman Ismail’s alleged attack on a New Zealand resident and the ensuing diplomatic spat, they said all the publicity meant “there will be real problems in getting an impartial jury”. “The defendant could be prejudged in the court of public opinion when he has no opportunity to answer or offer a defence to the allegations,” Auckland University law professor Warren Brookbanks said in a New Zealand Herald report today. Brookbanks was also critical of the decision by Muhammad Rizalman’s accuser, Tania Billingsley, to remove the suppression on her identity and reveal herself publicly. “In going public in this way, the complainant risks jeopardising her credibility as a witness, potentially weakening the prosecution case.” Brookbank’s view was echoed by NZ Law Society president Chris Moore, who said the press reports were reaching a level that “may be coming close to harmful interference with the process of how we determine guilt”, the Herald reported. The military attaché was arrested by Kiwi police on May 9 on allegations of burglary and attempted sexual assault on Billingsley. He was charged in a New Zealand court the next day for burglary and assault with intent to commit rape, with both charges carrying the maximum penalty of a 10-year jail term. The junior envoy has since returned to Malaysia after invoking diplomatic immunity. The manner of his exit from New Zealand was earlier the cause of an embarrassing exchange between the two countries, although Wellington later admitted its officials were responsible for the ambiguity that led Malaysia to believe it could recall him. On Wednesday, Billingsley revealed herself as the woman at the centre of the sex case that had nearly unravelled New Zealand-Malaysia ties. She said she chose to forego court protection of her identity because she was “frustrated” and “angry” with her country’s leaders for their lackadaisical response to her alleged assault. Muhammad Rizalman had been due to be sent back to New Zealand to face charges there of burglary and attempted rape on Monday, but this was delayed after a psychiatric examination found him to be depressed and withdrawn. He is expected to undergo another round of tests to evaluate his fitness to travel. Defence Minister Datuk Seri Hishammuddin Hussein previously conveyed Malaysia’s commitment to send the warrant officer back to stand trial in New Zealand, while repeating cautions against a trial by media. But Armed Forces chief General Tan Sri Zulkefli Mohd Zin also said Muhammad Rizalman will return to New Zealand only “when appropriate.” - See more at: http://ift.tt/1r1HEhr



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