An Australian foreign diplomat’s associate has had his immunity lifted after footage emerged of him shouting a homophobic slur at police while being arrested in New Zealand.
The man was arrested on Dixon Street in Wellington in the early hours of September 29 at 3.30am, hours after the All Blacks rugby team defeated the Australian Wallabies in the New Zealand capital to retain the Bledisloe Cup for the 22nd year in a row.
Police responded to reports of a fight and reportedly found a man involved in an altercation with two teenagers before being handcuffed.
The fight was filmed by another teenager, 19, who claimed his friends were confronted by an aggressive man.
Footage shows the man, believed to be the partner of an Australian diplomat, swearing at police after allegedly using a homophobic slur.
“You stupid bastard, I have diplomatic immunity, you bastard,” you can be heard shouting in a video provided to Stuff.
Due to the severity of the alleged incident, New Zealand police have applied to have the man’s immunity stripped so he can be charged.
The Department of Foreign Affairs and Trade confirmed on Wednesday that it had “granted a waiver of immunity, allowing police to take next steps.”
The Australian government has waived the immunity of a foreign diplomat’s partner after he was filmed shouting a homophobic slur while being arrested in Wellington on September 29.
The department also said it ‘will not be commenting further’ as the matter now falls solely under the jurisdiction of NZ Police.
Footage of the incident has been provided to local police, who have also been in contact with the Australian High Commission during the investigation.
The police do not yet want to provide details about the charges they want to file against the man.
“We cannot comment further while the investigation is ongoing,” the police statement said.
Although NZ Police requested an exemption, no NZ politician offered public support for the move.
Prime Minister Chris Luxon denied questions about whether he supported the man facing charges, and Foreign Secretary Winston Peters has throughout declined to comment.
“That is a matter for the police,” Luxon said when asked by journalists.
“I will not comment on that while an investigation is ongoing and ultimately that is an issue that needs to be properly worked out.”
Australian Deputy Prime Minister Richard Marles also avoided details when asked about the matter while in New Zealand for a meeting of regional defense ministers.
“We expect all our diplomats and the families of our diplomats abroad to abide by the laws of the countries in which they are located. That is an issue well understood by our diplomatic community,” he told Radio NZ.
Footage of his arrest (pictured) has been provided to local police, who have also been in contact with the Australian High Commission during the investigation
The teen who filmed the arrest claimed the man “just flipped a switch and got really aggressive” with his friends.
“He was screaming at the top of his lungs at us, ‘I’m ready to die, I’m taking on all three of you,’ and then I got a bit scared,” he told Stuff.
Video shows the man being pushed against a wall during his arrest, and another photo of the teen shows him handcuffed and lying face down in the street.
Australia’s Department of Foreign Affairs and Trade said in a statement that all diplomats are expected to abide by the law of their host country.
“Second officers and their family members are expected to respect the laws of the countries to which they are posted,” read a statement to The Age.
Ministers in both New Zealand and Australia have reportedly been briefed on the matter.
New Zealand’s Ministry of Foreign Affairs and Trade said it expects foreign countries to waive their immunity if “it is alleged that a serious crime has been committed.”
Former New Zealand diplomat Peter Hamilton told Stuff it was likely the diplomat in question would be withdrawn from his post.
“It’s a serious matter because it’s an embarrassing issue. [Australia] “The choice could be to withdraw the diplomat, as has happened in the past, and the diplomat is sent home,” he said.
Mr Hamilton added that New Zealand also has the option to deport the diplomat.