Wellington, New Zealand: Months after the man entered a guilty plea to assault for drunkenly spitting on a youngster during a street conflict on the night of a rugby match in Wellington, a New Zealand court on Thursday released the husband of an Australian diplomat without convicting him.
The man received official name suppression. Presiding at the Wellington District Court, Judge Paul Mabey said he disagreed with the man’s claims that his discharge justified the possible negative effects on him, but the magistrate acknowledged that an assault conviction and public name publication could curtail his wife’s diplomatic career.
The judge stated the man might be denied passage overseas to her future postings and the family might be broken apart should the Australian High Commission determine he could not stay in New Zealand to maintain bilateral ties between the nations.
The charges started following an incident in September when the man watched a rugby match between Australia and New Zealand in the capital, Australia losing 33-13. When he got to Wellington’s main nightlife scene, he was intoxicated. He approached a group of adolescents and grew hostile when they refused to interact with him, the court said.
The man was punched by a gang member; he replied by spitting on a young woman. Police officials who happened to be passing arrested him.
Widespread news coverage of the case in Australia and New Zealand, which included mobile phone footage of the man’s detention, has spurred He was shown in the video verbally mistreating a police officer while asserting diplomatic immunity. He later freely surrendered his such immunity, which convention had given upon the partners of top envoys to New Zealand.
In January, he entered a guilty plea to the lowest assault charge level used in New Zealand. Up to six months in jail and a fine of up to 4,000 New Zealand dollars ($2,400) follow from it.
“For the avoidance of any doubt at all, he is not here to be sentenced for abusing the police or rashly claiming diplomatic immunity,” Judge Mabey added.
The judge further said, “He was right to say he had that immunity.” “He was utterly dumb to say it at all.”
However, the magistrate stated he would release the guy based on the advice of his wife over her future: the Australian diplomatic service would not be able to overlook the husband’s conviction and the widely shared cell phone footage of his detention.
“If I were not to suppress his name, his offending would be inextricably linked to his wife and she would suffer considerably,” the court stated.
He turned down a request from the man’s attorney to silence the nation his wife defended in New Zealand.
