US refusal on immunity ‘disappoints’
Papers about a failed attempt to get the United States to waive immunity for a US Embassy attache facing police investigation show officials tried to get the waiver by asking the US what it would do if a New Zealand diplomat was involved in a similar incident in America.
US Embassy technical attache Chris White returned to the US following the March 12 incident after the US refused to waive the immunity granted to diplomats to allow him to be interviewed by police.
White reportedly got a broken nose in the incident which a source told the Herald related to a fracas with a neighbour who attempted to intervene after overhearing a domestic incident at White’s Lower Hutt house.
Papers released under the Official Information Act show that in seeking the waiver, the Ministry of Foreign Affairs and Trade (Mfat) asked the US Embassy to consider what it would do if a similar allegation was made about a Kiwi diplomat in the US.
A copy of US policy stated the US “requests waivers of immunity in every case where the prosecutor advises that but for the immunity, charges would be pursued”.
The papers also said NZ’s position was that its own diplomats were expected to follow the law of the country they were based in.
They include response by Mfat’s chief of protocol, Michael Swain, to US diplomat Candy Green after the waiver request was declined.
“We are very disappointed at the United States’ decision. New Zealand has made our policy and expectations in relation to diplomatic immunity very clear to the United States.
“There is also a public expectation that allegations of criminal conduct . . . will be investigated and pursued as appropriate by . . . police.”
Swain also said if the incident became public, Mfat would make it clear it had sought a waiver and the US had declined it.
In declining the waiver, the US Embassy said it had initiated its own inquiry “in the spirit of co-operation” and that White had permanently departed New Zealand.
The papers show Mfat’s policy is to seek an immunity waiver for cases where police wanted to investigate a serious crime with a maximum prison term of 12 months or more.
The papers show staff in Prime Minister Bill English’s office and thenForeign Minister Murray McCully’s office were told of the incident on the day it happened and that police were likely to seek a waiver. An email said the US Embassy had been told of the policy to seek a waiver for serious offences “and expectations (that no precipitate decision will be taken to withdraw staff from NZ.)”
“They are however in infogathering mode and will be reverting to Washington.” It was noted it had been made clear the ultimate decision would be made in Washington.