The Kiwi victim of a sexual assault allegedly committed by a foreign diplomat says he's devastated he won't be brought back to New Zealand to face the consequences.
Police announced this week extradition won't be sought for South Korean diplomat Hongkon Kim, despite the fact the charges he's facing could see him in prison for seven years.
The complainant spoke exclusively to Newshub and he says police have pushed him over the edge.
Three years have passed since he was allegedly the victim of three sexual assaults.
"I just tried to block everything out," he told Newshub.
It took him 18 months to find the courage to come forward and he now feels that bravery has all been for nought.
"I was devastated, I was confused, it didn't make any sense whatsoever."
This week he was told police wouldn't seek extradition for Korean diplomat Hongkon Kim.
He faces three charges of indecent assault for groping the victim at the Wellington embassy.
Police say there was enough to charge him but not enough to extradite him back to New Zealand.
The complainant believes the suggestion there's enough evidence to prosecute but not for extradition means police aren't being truthful.
"Well, there is enough for extradition. I think the police are lying to me."
Extradition law expert Grant Illingworth QC says New Zealand's treaty with South Korea is clear.
"The conduct must be punishable in both countries for not less than 12 months imprisonment."
Newshub sought advice from a Korean law expert who says, "If the allegations were proven, the allegations equate to a crime in Korea".
"If the police are saying that the threshold for extradition has not been met, then they should be explaining why that is," Illingworth adds.
The trouble is police won't do that, and neither will Police Minister Poto Williams,
"Look, that is all very operational and I retain my role as being independent of the police," says Williams.
"My heart goes out to the victim, it's always very difficult in these cases to step forward," she adds.
ACT Party Leader David Seymour is disappointed by the situation.
"If it was someone that had stolen a car I could understand not extraditing, but this is sexual assault, it carries a seven-year prison sentence, there's enough evidence for [a] prosecution, the guy should be brought back here to face trial," Seymour says.
The only explanation given by police was in the form of a statement, saying on top of the evidence, decisions are based on the accused's location and the cost of bringing them to New Zealand.
If you have witnessed or experienced sexual harassment or assault and would like to speak to someone, you could call the HELP support service.
- Auckland: (09) 623 1700 or visit helpauckland.org.nz
- Wellington: (04) 801 6655 or visit wellingtonhelp.org.nz
