Tuesday, July 1, 2014

Sex case diplomat named

http://ift.tt/1iQ6kHd PETALING JAYA: The diplomat at the centre of an alleged sexual assault case can now be named after media organisations challenged a judge’s decision to grant permanent name suppression. He is Mohammed Rizalman Bin Ismail and worked at the Malaysian High Commission in Wellington. Ismail, who claimed diplomatic immunity, could not initially be identified because of a suppression order imposed by a Wellington District Court judge on May 30. However, Malaysian media were now reporting the case and its Foreign Affairs Ministry planned to hold a press conference about it today. An urgent hearing to overturn the suppression ruling was held in the High Court at Wellington today, where the name suppression was overturned. Media organisations, including the New Zealand Herald, challenged the decision to grant name suppression. Foreign Affairs Minister Murray McCully earlier said the Solicitor-General had advised the government to abide by the suppression ruling while it was in place. “I can’t see any good public policy reason why you’d want to protect someone from publicity given there won’t be a trial.” he said. Ismail, in his 30s, left the country after being charged by Wellington police with burglary and assault with intent to rape. He had followed a 21-year-old woman to her Brooklyn home on May 9 when the alleged assault occurred. The Ministry of Foreign Affairs formally asked for Malaysia to waive diplomatic immunity, but it declined. The government said the man could still face charges in Malaysia. The Ministry of Foreign Affairs called in Malaysia’s Head of Mission last night to say that New Zealand expected Ismail to face the consequences of his actions. Prime Minister John Key said the country had reassured MFAT that they were taking the issue very seriously. “We made it quite clear that we were under no illusion about how seriously New Zealand took the issue, and we expect the person to be held to account,” he said. Lawyer for the media organisations, Robert Stewart, told the court the appeal was related to a decision by Judge Bruce Davidson to grant name suppression. His notes had not been released into reasons why he granted name suppression, which left the media “flying blind” because they would not know which aspects of the decision to appeal, he said. The Malaysian government will issue a statement today , where at least the country, and possibly the man’s name would be released. There did not seem to be an evidentiary reason for the judge to order name suppression as it would not identify the victim or prejudice any future trial because the man had invoked diplomatic immunity.



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