Home detention for disgraced envoy

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Disgraced former Malaysian envoy Muhammad Rizalman has been sentenced to nine months' home detention for indecently assaulting a woman while in New Zealand.

The Crown accepted the 39-year-old was eligible for home detention after the attack on Tania Billingsley in Wellington in May 2014. Ms Billingsley has waived her right to automatic name suppression. 

The defence said Rizalman was sorry and had written a letter of apology and offered to pay reparation. It also argued he deserved a sentence less severe than home detention.

It had previously indicated it would apply for a discharge without conviction, but no application was made today. Rizalman was convicted and given a three-strikes warning.

The hearing in the High Court at Wellington heard submissions from defence lawyer Dr Donald Stevens, QC, and Crown prosecutor Grant Burston.

Justice Collins told Rizalman: "You terrorised Ms Billingsley ... She was a young woman, alone in her room, who was entitled to feel safe and secure in her bedroom.

"I've carefully read Ms Billingsley's victim impact statement. Plainly your actions terrified her ... No woman should have to endure the terrifying circumstances experienced by Ms Billingsley when you breached the sanctity of her bedroom."

Rizalman showed a "high level of premeditation", however, he didn't touch her in a sexual way.

Justice Collins said he received a victim impact statement from Ms Billingsley and she wished for it to be suppressed. The judge granted that.

He accepted Rizalman had an exemplary record of service and said his family were also "innocent victims" of his offending because of publicity surrounding the case.

Justice Collins began his sentencing calculations at 27 months' prison then gave discounts for previous good character, Rizalman's co-operation in returning to New Zealand, the likelihood of losing his career, time on bail, guilty plea and offer of reparation.

However, the judge didn't give any time off for remorse, despite the letter of apology.

"When you were giving evidence before me I was struck by your lack of insight into your offending and your lack of appreciation as to your conduct."

The home detention sentence cannot be service at the Malaysian High Commission, but will be at a property rented by the Malaysian Government. The address is suppressed. After the sentence Rizalman will be deported.

THE FACTS

On May 9, 2014, Rizalman, an assistant to the defence attache at the Malaysian High Commission, followed Ms Billingsley to her then house in Brooklyn, Wellington. After waiting outside for 30 to 40 minutes, he walked in the unlocked front door and appeared in her bedroom, naked from the waist down.

A struggle ensued in which Rizalman grabbed her shoulders. Rizalman said he admitted the indecent assault charge on the basis his half-nakedness was indecent.

He claimed he'd followed Ms Billingsley after she'd given him a "signal" by smiling at him and he simply wanted to talk to her about his problems. The Crown argued there was a sexual motive and Justice Collins agreed.

Rizalman claimed he stayed outside the flat initially as he was waiting for an invitation to enter, but he then had an emergency bout of diarrhoea and defecated on Ms Billingsley's patio. He said he then entered her flat as he searched for a bathroom to clean himself up.

The Crown, however, alleged that Rizalman, a believer in black magic, was trying to put a spell on Ms Billingsley.

He initially said he'd met Ms Billingsley at the movies, returned to her home and the pair argued over him eating her food.

Rizalman arrived in New Zealand in September 2013, but his behaviour changed in 2014. He bought synthetic cannabis from a Wellington shop, where he heaved inappropriately to a shop assistant.

On May 8, 2014, he tried to "pick up" another woman in town.

LAWYERS' SUBMISSIONS

Crown lawyer Grant Burston said taking into account the facts and how it terrorised Ms Billingsley, the judge should begin his sentencing calculations at a two-year, nine-month prison sentence.

Rizalman could then get credit for a guilty plea and previous good record, although that should be "tempered" by Rizalman's challenge to the facts of the case.

The judge could also take into account the lengthy period of time Rizalman had on bail, Mr Burston said, and for the offer of emotional harm reparation.

Mr Burston said the Crown accepted Rizalman could serve a home detention sentence.

Dr Stevens said Rizalman had written a letter of apology to the victim and made a "substantial" offer of emotional harm reparation, although he didn't state the amount.

"Could I first say that Mr Rizalman acknowledges the wrong that has been done to the complainant. He very much regrets what happened in an event that was entirely out of character," he said.

The court heard  Rizalman had a successful 21-year military career and was described by a superior as having no record of misconduct and always respectful. He also chose not to contest extradition to New Zealand when he might have had a good case to do so.

Others described him as responsible and an impressive family man, Dr Stevens said. This conviction would likely result in a dishonourable discharge from the army and he could find it hard to get another job.

 

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