Wellington, New Zealand: The husband of an Australian diplomat was discharged without conviction by a New Zealand court following an incident in which he drunkenly assaulted a teenager by spitting on her. The altercation occurred on the night of a rugby match between New Zealand and Australia in Wellington.
Presiding Judge Paul Mabey of the Wellington District Court explained that while the man’s arguments about potential personal harm were unconvincing, the magistrate acknowledged that a conviction could significantly impact the diplomat wife’s career. The judge noted that an assault conviction and the public release of his identity might jeopardize her international postings and potentially split the family if the Australian High Commission deemed that he could not remain in New Zealand.
The assault incident took place last September in Wellington’s main nightlife district after the man arrived intoxicated post-rugby match. He approached a group of teenagers and became aggressive when they declined interaction. When one member of the group punched him, he retaliated by spitting on a young woman. Police officers nearby quickly arrested him.
The case attracted considerable media attention in both New Zealand and Australia, fueled by cellphone footage capturing the man verbally abusing police and claiming diplomatic immunity. Although he initially claimed immunity—granted to partners of senior envoys—he voluntarily waived this privilege. In January, he pleaded guilty to New Zealand’s lowest category of assault, which carries a maximum penalty of six months imprisonment or a fine up to NZD 4,000 (approximately USD 2,400).
Judge Mabey clarified that the court was not sentencing the man for abusing officers or improperly invoking immunity. He acknowledged the claim of immunity was correct but criticized the man’s poor judgment in making the claim publicly.
Ultimately, the court decided to discharge him without conviction to avoid associating the offense directly with his wife’s diplomatic position, which could adversely affect her career. While the man’s name remains permanently suppressed, the court declined to suppress the identity of the country his wife represents.
