Australian diplomat’s partner’s name withheld due to assault charge

Mabey rejected applications from many media organizations. New Zealand Heraldto take photos of the man.

Mabey, who was initially unaware of why the media was paying attention to the case, argued that photographs could not be used if the case was diverted, and stated that he saw no reason why photographs should not be taken if the case progressed and suppression was not continued. He said he saw no need to “put the cart before the horse.”

“Today we will keep the cameras in our pockets.”

On October 31, police charged the man with assault following an incident between three men on Dixon St in Wellington at around 3.30am on September 29. Hours after the All Blacks played the Wallabies in the Bledisloe Cup in the capital.

The man was detained but later released, claiming it was his. Under diplomatic immunity.

To charge the man, police requested that the Australian Government waive immunity. This was confirmed by the New Zealand Ministry of Foreign Affairs and Trade on 9 October.

What is diplomatic immunity and how can it be lifted?

“Immunity” may be granted to diplomats and their families in accordance with international law – Vienna Convention on Diplomatic Relations 1961.

As the Ministry of Foreign Affairs and Trade (MFAT) explains, this is a long-standing principle designed to ensure that diplomats and foreign representatives can carry out their duties in freedom, independence and security.

Former British High Commissioner Vicki Treadell told reporter previously this was particularly useful in countries where human rights were weak.

Diplomatic immunity means that a person cannot be arrested, detained, prosecuted or subpoenaed as a witness. However, they may be given a traffic violation notice.

MFAT documents reveal how the New Zealand Government expects the sending state (the country the diplomat represents) to waive the immunity of a foreign representative or accredited family member if a serious offense is alleged that would allow legal action against the individual.

The definition of “serious crime” here is a crime punishable by imprisonment of 12 months or more.

“Therefore, serious crimes include crimes against persons such as murder, manslaughter, sexual offenses and common assault; certain driving offenses such as dangerous driving causing injury; and certain property crimes, including theft of more than $500,” MFAT documents he says.

A person exempt from local jurisdiction cannot waive his or her immunity.

The Ministry of Finance says that immunity belongs to the sending state, not the individual, and must be waived by the sending state.

In 2020, then-Prime Minister Dame Jacinda Ardern said she spoke to the South Korean President out of frustration that diplomatic immunity was not lifted during police investigations. South Korea diplomat.

In late August, South Korea Diplomat given suspended prison sentence after being found guilty Sexually assaulting a New Zealand employee at Wellington embassy.

in 2018 A homeowner is furious at MFAT He protected a foreign diplomat who owed $20,000 in rent and had damage to his property.

The Tenancy Tribunal had ruled in favor of the Wellington landlord but the MFAT intervened, saying the proceedings should never have taken place because the person had diplomatic immunity.

Adam Pearse is a political reporter on the NZ Herald Press Gallery team based in Parliament. He has been with NZME since 2018, covering sport and health for the Northern Advocate in Whangārei, before moving to the NZ Herald in Auckland, covering Covid-19 and crime.