A disgraced Malaysian military man had a sexual motive for going into the home of a Wellington woman, without his trousers and underwear.
A High Court judge states this in his findings after Muhammad Rizalman Ismail’s defence asked him last Friday to find Rizalman had no sexual intent when he went into Tania Billingsley’s house in 2014.
Justice David Collins found that, along with a sexual motive, Rizalman was in an abnormal state of mind, which might have diminished his understanding. However, that was not mitigating as he had likely consumed drugs.
The judge also called for a home detention suitability report to be done and asked the Ministry of Foreign Affairs and Trade to find out from the Malaysian High Commission if it would cooperate with a sentence of home detention.
Rizalman, 39, changed his plea on the morning of his trial on one charge of indecently assaulting Tania Billingsley on May 9, 2014, after attacking her in her home in the suburb of Brooklyn.
He left New Zealand without facing trial after Malaysia invoked diplomatic immunity - in the belief it did so with the blessing of the New Zealand government.
Rizalman returned to New Zealand, escorted by police, after extradition hearings were filed in Malaysia.
At the time of the attack, he had been working at the Malaysian High Commission as a staff assistant to the defence adviser.
Billingsley waived her right to name suppression before a district court judge
Two other charges, of assault with intent to commit sexual violation and burglary, were discharged by the judge.
Rizalman had followed Billingsley home from a nearby store after thinking she was signalling to him. He took off his trousers and underpants outside before defecating. He then went inside, knocked on her bedroom door and went in.
Billingsley pushed him out of the bedroom and ultimately out of the flat before hiding in the bathroom. Rizalman was caught by police up the road from her home.
‘Nothing to do with black magic allegations’
His lawyer has told the judge Rizalman had been caught short outside her home and the defecating had nothing to do with the Crown’s allegations of black magic.
Donald Stevens QC said the guilty plea to indecent assault was because Rizalman was not wearing trousers and not because of any sexual motive.
Stevens also said Rizalman, who had been highly stressed at work, was suffering from an abnormal mental state.
He had only gone into the house because he wanted to use a bathroom to clean up.
In his decision the judge said changes in Rizalman’s behaviour had been noticed by his wife and colleagues and he had seen doctors about it.
On May 2 Rizalman had bought synthetic cannabis at Cosmic in Wellington's Cuba St and had behaved oddly with the female staff.
A few days later he was noticed staring at another woman he did not know.
Justice Collins also noted that while in hospital in Malaysia, Rizalman admitted using cannabis before, although he denied using it in New Zealand.
The judge said Rizalman had shown sexual interest in other women in the days before following Billingsley home and it was a pattern of behaviour.
“Mr Rizalman’s explanation that he followed Ms Billingsley home because he wanted to befriend her and discuss his problems with her is implausible,” he said.
Justice Collins called Rizalman’s explanation for his behaviour as “totally unconvincing”.
He said Rizalman’s two conflicting accounts of what he was doing were a “fictitious and flimsy attempt to try and deflect attention from his real motive”.
The judge called Rizalman’s behaviour bizarre.
Rizalman’s defence is now expected to ask the judge for a discharge without conviction at a hearing in February.
How the saga unfolded
2014
May 9: Rizalman follows Tania Billingsley from a shop to her home. After a struggle in the house, he is arrested by police down the road.
May 10: Rizalman appears in court and his diplomatic status is considered. Foreign Minister Murray McCully is informed but Ministry of Foreign Affairs (MFAT) and Trade boss John Allen is left out of the loop.
May 12: An informal discussion between officials from MFAT and the Malaysian High Commission leads to Malaysia concluding that New Zealand “offered” an alternative option for Rizalman to be sent back to Malaysia to face charges.
May 21: Malaysian High Commission tells MFAT it will not waive Rizalman’s immunity and asks for all charges to be dropped and all documents to be “sealed”.
May 22: Rizalman leaves New Zealand and returns to Malaysia. He is hospitalised for psychiatric evaluation.
June 27: McCully hears for the first time that the Malaysians rejected the request for a waiver. Allen hears about the case for the first time.
June 29: The media reports that a diplomat has claimed immunity and left the country. Malaysian media soon report he was one of their diplomats.
June 30: Prime Minister John Key and McCully are adamant that New Zealand clearly opposed Rizalman leaving and wanted him tried, but on legal advice say they can't name him or the country. Malaysian High Commissioner called in for grilling by Allen; she reveals “ambiguity”.
July 1: Fairfax Media lawyers succeed in getting court-ordered name suppression lifted so that Rizalman and the country he represents can be named in New Zealand. McCully releases May 10 and May 21 documents showing New Zealand's unambiguous request for a waiver, and Malaysia’s refusal. Hours later McCully concedes informal discussions may have created the “ambiguity” about New Zealand's position. He says Malaysia acted in good faith.
July 2: McCully apologises to Key and Allen apologises to McCully but they both refuse to say if resignations were offered. Allen announces an independent review of MFATs handling of the event. McCully also reveals that a junior staffer in his office was informed about Malaysia invoking diplomatic immunity but never opened the email.
July 9: A district court judge accepts Billingsley’s application for her name suppression to be removed and she speaks to the media.
October: A formal request to extradite Rizalman to New Zealand is made. Rizalman waives the need for a formal extradition and agrees to return.
Oct 25: Rizalman returns to New Zealand and immediately faces a district court.
2015
Nov 27: A High Court judge is told the trial does not need to go ahead as Rizalman will plead to one of the charges.
Nov 30: Rizalman pleads guilty to indecent assault and is remanded for further court hearings.
- Stuff
