New Zealand / Wellington Region

Diplomat was naked below waist, court told

17:25 pm on 30 November 2015

A Malaysian diplomat was naked from the waist down when he confronted a Wellington woman in her bedroom, a court has been told.

Muhammad Rizalman at the High Court in Wellington today. Photo: POOL / Fairfax NZ

Former Malaysian defence attaché Muhammad Rizalman, 39, pleaded guilty to indecent assault when he appeared in the High Court in Wellington today.

Charges of burglary and assault with intent to commit sexual violation were dismissed.

Rizalman's victim, Tania Billingsley, took court action last year allowing her to waive her right to name suppression.

Her action was prompted by a botch-up by the Ministry of Foreign Affairs and Trade which allowed Rizalman to return home to Malaysia after being charged. He returned to New Zealand in October.

Crown lawyer Abigail van Echten today told the court Ms Billingsley was watching a movie on her laptop at her home in the Wellington suburb of Brooklyn in May 2014 when Rizalman entered the house through an unlocked door. He was naked from the waist down.

He knocked on Ms Billingsley's partially closed door before pushing it open and saying "can I come in", Ms Echten said.

"The victim looked up from her bed and observed the defendant standing in the entranceway to her bedroom wearing only a shirt and naked from the waist down.

"The victim got off her bed and began yelling and screaming for the defendant to leave the address."

Rizalman grabbed Ms Billingsley by the shoulders and a struggle ensued, during which Ms Billingsley managed to push him out of her bedroom and into the living room.

"The victim eventually managed to remove the defendant from her address before locking the door. She then ran into the bathroom and called police."

A neighbour in the downstairs flat heard the screams and called Ms Billingsley's flatmate. Her boyfriend, who lived in a neighbouring flat, rushed to the flat, where he found Rizalman, who by then had his trousers on, by the front door.

He confronted Rizalman, who was walking away down the path when the police arrived.

"When spoken to by the police, the defendant stated he had met the victim at the cinema and she invited him into her home but she became angry when he began to eat her food," Ms Echten said.

Ms Billingsley's forearms were bruised during the incident, and she suffered "considerable emotional trauma", she said.

Rizalman's lawyer, Donald Stevens, QC, said his client accepted it was an indecent assault because he was not wearing his trousers or underpants.

However, it was not a sexual assault, he said.

Rizalman also disputed touching Ms Billingsley's throat; he admitted touching only her shoulder but said his hand could have inadvertently touched her throat as she pushed him out of the flat.

Dr Stevens said Rizalman was suffering from a mental illness at the time of the incident.

Rizalman's lawyer Donald Stevens, QC. Photo: POOL / Fairfax NZ

Crown prosecutor Grant Burston Photo: POOL / Fairfax NZ

But Crown lawyer Grant Burston said the Crown did not accept he was suffering from a mental illness, and nor did it accept the incident was not sexually motivated. It also disputed Rizalman's claim he had gone to Ms Billingsley's home because he believed she wanted him to follow her.

A disputed facts hearing will be held in the Wellington High Court on Friday.

Justice David Collins did not enter a conviction as Dr Stevens indicated Rizalman would seek a discharge without conviction.

Rizalman was remanded on his existing bail conditions.

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Justice David Collins at the High Court in Wellington today. Photo: Pool