WELLINGTON, New Zealand (AP) – Two Vietnamese officials accused of sexually assaulting two young female servers at a restaurant in New Zealand will not return to face criminal charges after extradition efforts failed, New Zealand authorities announced on Thursday.
The New Zealand police did not disclose the reasons behind the stalled extradition attempts. However, since New Zealand and Vietnam do not have an extradition treaty, Vietnam would have had to voluntarily hand over the accused individuals.
A spokesperson for New Zealand Prime Minister Christopher Luxon expressed disappointment over the unsuccessful extradition requests, stating, "Clearly it is not the outcome we wanted."
The incidents reportedly took place at a Vietnamese restaurant in Wellington in March 2024, just days before a scheduled visit from Vietnamese Prime Minister Phạm Minh Chính to New Zealand. The two accused men were said to have connections with the police in Vietnam and had interacted with local law enforcement officers at a police training college near Wellington.
One of the victims, Ali Cook, described the attack, stating that she and another server were assaulted in a private karaoke room by the two men who forcibly pulled them onto their laps, pinned them against a wall, and groped them. Cook alleged that she was pressured to drink alcohol and suspected that she might have been drugged. At the time of the incident, Cook was a 19-year-old U.S. national who reported sustaining an injury during the assault. The women promptly reported the attack to the authorities the following day.
While the Associated Press typically refrains from identifying victims of sexual abuse, Cook opted to share her name. Investigators indicated they had "no doubt" that the women were indecently assaulted and would have filed charges had the accused remained in Wellington. Detective Inspector John Van Den Heuvel stated that indecent assault in New Zealand covers any unwanted sexual contact and is punishable by up to seven years in prison.
In February 2024, New Zealand police confirmed that a senior investigator had met with officials in Hanoi as part of the efforts to extradite the men. However, after police informed Cook of the failed extradition attempts this week, she expressed feelings of betrayal, especially since Prime Minister Luxon had visited Vietnam earlier that year to enhance bilateral relations.
Cook articulated her confusion regarding the government's willingness to pursue a strategic partnership with Vietnam while failing to hold the alleged offenders accountable. "I don’t understand why they’re OK with that," she remarked.
According to Police Superintendent Corrie Parnell, investigators are not currently pursuing additional leads but mentioned the possibility of reopening the case if either of the men returns to New Zealand. Parnell extended assurance to the complainants, stating, "We can assure the complainants we are still considering all possible options."
The New Zealand foreign ministry has communicated its serious concerns regarding this case to the Vietnamese government. However, there has been no immediate response from either Vietnam’s foreign ministry or the Vietnamese embassy in Wellington.
By the time investigators confirmed the identities of the two men, they were no longer in New Zealand. It was noted that they would not be protected under diplomatic immunity, which is only afforded to high-ranking diplomats.
There is a precedent for voluntary extradition cases involving officials in New Zealand without an existing extradition treaty. In a notable case from 2014, Muhammad Rizalman Ismail, a staff member at the Malaysian embassy in Wellington, returned to face charges of indecent assault after having left New Zealand under diplomatic protection following an attack on a 21-year-old woman.
