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.
Japanese manicurist takes on plastic pollution, one nail at a time
Before global leaders address plastic pollution, a Japanese manicurist highlights the issue by incorporating it into her nail designs.
What to watch for ahead of US presidential inauguration
Here's a timeline of events between now and inauguration day.
The battle to reduce road deaths
In Malaysia, over half a million road accidents have been recorded so far this year.
Pro-Palestinian NGOs seek court order to stop Dutch arms exports to Israel
The Dutch state, as a signatory to the 1948 Genocide Convention, has a duty to take all reasonable measures at its disposal to prevent genocide.
How quickly can Trump's Musk-led efficiency panel slash US regulations?
Moves by Trump and his appointees to eliminate existing rules will be met with legal challenges, as many progressive groups and Democratic officials have made clear.
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.