Sex crime youth likely to skip trial

Press, 29 September 1988, Page 1

Sex crime youth likely to skip trial

By

BRENDON BURNS,

political reporter, and NZPA

The son of a Philippines Embassy official who has admitted to child molestation is likely to have his escape from prosecution confirmed today.

Diplomatic sources suggested the convention of diplomatic immunity from prosecution would be invoked by the Aquino Government in Manila, which was expected to order him home immediately. The Filipino youth, believed to be aged 19, admitted to the police that he had sexually assaulted a Wellington girl, aged seven, whose -’family had befriended him. The incident comes after two others in recent years. In 1984, a Chilean diplomat, Mr Luis Lopez, refused to be breathtested after an accident in Wellington which left a young woman dead. He was recalled to Chile. A Korean diplomat, Mr Jim Ho Kim, caused two accidents in 1986 and had to be handcuffed by traffic officers. He had been drinking. The Philippines Ambassador to New Zealand, Mr Eduardo Montilla, was summoned yesterday to the Ministry of Foreign Affairs in Wellington. A Ministry spokesman, Mr Hugo Judd, said he had been instructed by the Government to ask for the Philippines to allow the youth to face charges over the incident he had admitted. “We have made a formal re-

quest that the Philippines Government waive the immunity.” If this was refused, the youth was expected to be recalled, he said. But prosecution was preferred. “That is what the police would like and we would like to see him brought to justice.” Mr Montilla expressed a personal viewpoint in favour of prosecution. “In such cases I think the proper solution is to face the issue.” He has reported the affair to his Government in Manila. It would make the decision. The Minister of Foreign Affairs, Mr Marshall, has indicated he expected a decision by midday today. Mr Montilla said he thought the mother of the victim would be happy to see the youth sent home without prosecution. The Filipino youth befriended the family’s children about six weeks ago. He had babysat them for the Wellington couple on one occasion. She said the Filipino youth was a “nice person” whom the family had taken in under its wing. Her daughter had outlined the molestation over dinner one evening.

The police were immediately called in and a 30-page statement was taken from the youth. Mr Judd said he believed the police had enough evidence to bring serious charges, but diplomatic immunity had been claimed. The youth’s father is not a diplomat, but is in charge of property administration for the Philippines Embassy in Wellington. He is able to claim diplomatic status, as is his son. Ambassador Montilla said his embassy was “very depressed” at what had happened. “We are very sad that such a thing should happen. This is destroying our image here.” He did not believe the youth would face charges back in Manila. But he said the humiliation involved would be considerable and some pyschiatric treatment was possible. The Prime Minister, Mr Lange, said from New York that diplomatic immunity was not appropriate in such circumstances. “I think there the concept of immunity is too deeply entrenched,” he said. “There are certain things about it that are manifestly insane.” .