Senior lawyers here believe that the Malaysian government has no option but to let the diplomat involved in the offences of attempted burglary and sexual assault in New Zealand be sent back to the country and be tried there.
The is because under the Extra-territorial Offences Act 1976, the offences committed by the officer does not apply in this case to warrant him to be tried in the Malaysian Court.
The act is to deal with certain offences under written laws committed in any place without and beyond the limits of Malaysia and on the high seas on board any ship or on any aircraft registered in Malaysia or otherwise, as if they were committed in Malaysia.
Most senior lawyers said that it was very difficult for the envoy, a warrant officer II from Mindef and attached to the Malaysian High Commission in Wellington, New Zealand to take stand on the charges here as the offences did not fall within the act and were also committed in another country.
Former Solicitor-General II Datuk Mohamed Yusof Zainal Abiden said based on the offences, he did not think that the envoy could be tried here.
"According to the act, if a person committed the crime outside the country under the Sedition Act and Official Secrets Act, he can be charged or tried here. I do not think the offences committed by the diplomat can be heard here," he told Bernama here.
Wisma Putra on Tuesday, announced that the diplomat would be sent to Wellington after the New Zealand government pressed for the accused to stand trial there.
Mohamed Yusof explained that any offence, under any other written law the commission of which was certified by the attorney-general to affect the security of the country, could also be tried here.
"I think in France, the country has a law that asserts general jurisdiction over crimes by or against the country's citizens, no matter where they may have occurred but in Malaysia it is limited " he said.
Furthermore, Mohamed Yusof who is currently a lawyer, said the crime was committed in New Zealand, so that the country had jurisdiction to hear the case.
Criminal lawyer Edmund Bon said the Malaysian Court did not have the jurisdiction to hear cases in which the crime was committed overseas.
"It is very difficult for him to answer the charges here because the crime was committed in New Zealand," he said .
Asked on diplomatic immunity of the officer, he said in common law, it would only applied in the course of duty as a diplomat.
"The diplomatic immunity does not extend to sexual offences, if you committed crimes, it will not apply," he said.
On July 1, Defence Minister Datuk Seri Hishammuddin Tun Hussein had said that the ministry supported Wisma Putra's decision to withdraw diplomatic immunity of the officer which would enable him to be prosecuted according to the laws of New Zealand.
The envoy was arrested by Kiwi police on May 9 on allegations of attempted burglary and sexual assault on a 21-year-old woman.
He was charged in a New Zealand court a day later for burglary and assault with intent to commit rape but a suppression order was imposed to protect his identity.
The accused was arrested after he allegedly followed the woman to her house on May 9 and attacked her.
Bernama
Fri Jul 04 2014
The envoy was arrested on May 9 on allegations of attempted burglary and sexual assault on a 21-year-old woman.
Iran's supreme leader says Hamas leader's death will not halt 'Axis of Resistance'
The "Axis of Resistance", built up with years of Iranian support, includes Hamas, the Lebanese Hezbollah group, the Houthi movement in Yemen, and various Shi'ite groups in Iraq and Syria.
Putin says Russia willing to seek compromises between Iran and Israel
Russia is ready to help seek compromises between arch-foes Israel and Iran, President Vladimir Putin said on Friday, saying these would be difficult but possible.
What proposals will Russia push at the BRICS summit?
The proposal is also to establish a BRICS reinsurance company to allow uninterrupted shipment of goods and key commodities between members.
Indonesia's free meals plan in the spotlight as Prabowo readies for office
Prabowo calls the programme one of the main drivers of economic growth, eventually set to add an estimated 2.5 million jobs.
Astro AWANI's revamped English news website, AWANI International, launches on Oct 21
Astro AWANI's revamped English platform delivers in-depth global news and expert analysis to keep you informed on key developments.
Israeli strikes kill 33 people in Jabalia refugee camp in Gaza, medics say
Residents of Jabalia said Israeli tanks had reached the heart of the camp after pushing through suburbs and residential districts.
Liam Payne's ex-partner calls for media restraint after 'painful' death
Cheryl Tweedy used her statement to urge the media to remember they had a seven-year-old son, Bear, who could read the reports.
Analysts: Indonesia's strong MoF leadership team to boost investor confidence
Sri Mulyani Indrawati as head of Indonesia's Ministry of Finance is expected to instil confidence among investors.
Biden offers both a carrot and a stick to Israel as his term nears an end
Israel has frequently resisted US advice and has caused political difficulties for the Biden administration.
Putin says BRICS will generate most of global economic growth
Russian President Vladimir Putin will host a summit of the group in the city of Kazan on Oct. 22-24.
ISIS Malaysia's perspective of Budget 2025
An excellent rakyat-centric budget under the overarching principle of a caring and humane economy.
Budget 2025: Record increase in STR, SARA aid initiatives
The government will provide a significant boost to the Sumbangan Tunai Rahmah (STR) and Sumbangan Asas Rahmah (SARA) initiatives next year.
Budget 2025: EPF contributions to be made mandatory for foreign workers – PM Anwar
The government plans to make it compulsory for all non-citizen workers to contribute to the Employees Provident Fund (EPF).
What policies to expect from Indonesia's new President Prabowo
Prabowo will be open to foreign investment, his aide has said, such as by offering investors management of airports and sea ports.
Budget 2025: Govt allocates RM470 mil to empower women's participation in PMKS
The Women's Leadership Apprenticeship Program will be intensified as an effort to produce more female corporate personalities.
Israel sends more troops into north Gaza, deepens raid
Residents of Jabalia in northern Gaza said Israeli tanks had reached the heart of the camp, using heavy air and ground fire.
Indonesia ramps up security ahead of Prabowo's inauguration
Prabowo Subianto will be sworn in as Indonesia's president on Sunday with Vice President-elect, Gibran Rakabuming Raka, also taking office.
Immediate allocation of RM150 mil for local authorities, DID to tackle flash floods
Datuk Seri Anwar Ibrahim said this allocation is intended to address the recent flash floods that hit the capital and several major towns.
Budget 2025: Sabah, Sarawak to continue receiving among highest allocations - PM
Sabah and Sarawak continues to be prioritised under Budget 2025, with allocations of RM6.7 billion and RM5.9 billion respectively.
NFOF will be operational in November 2024 with funding of RM1 bil
PM Anwar Ibrahim said NFOF will support venture capital fund managers to invest in startup companies with RM300 million set aside for 2025.