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02 October 2025

Vietnamese Officials Avoid Prosecution After Wellington Assault

Diplomatic hurdles and lack of an extradition treaty leave accused men beyond reach despite New Zealand’s efforts and victims’ pleas for justice.

In a case that has rattled diplomatic ties and stirred public outrage, two Vietnamese officials accused of sexually assaulting two young female servers at a Wellington restaurant will not face criminal charges in New Zealand after extradition efforts failed. The episode, which unfolded in March 2024 just days before Vietnamese Prime Minister Phạm Minh Chính’s scheduled visit, has shone a harsh light on the limits of international justice and the complexities of cross-border cooperation.

The incident occurred at a Vietnamese restaurant in the heart of New Zealand’s capital. Ali Cook, a then 19-year-old U.S. national, and her coworker were working when, according to Cook, the two men—later revealed to be associated with the Vietnamese police—attacked them in a private karaoke room. Cook recounted to The Associated Press that the men pulled the women into their laps, pinned them against a wall, and groped them. She said she was forced to drink alcohol and suspected she had been drugged, sustaining an injury during the ordeal. The women reported the attack to authorities the very next day.

For Cook, the trauma was compounded by the events that followed. Despite a swift investigation, the accused men were no longer in New Zealand by the time police had identified them in December 2024. Detective Inspector John Van Den Heuvel told the press, "Investigators had no doubt that the women were indecently assaulted and would have brought charges if the men had remained in Wellington." In New Zealand, indecent assault—a legal term covering unwanted sexual contact—is punishable by up to seven years in prison.

Yet, the path to justice quickly grew complicated. New Zealand and Vietnam do not have an extradition treaty, meaning the only route was for the Vietnamese government to voluntarily surrender the accused. This did not happen. As New Zealand Prime Minister Christopher Luxon’s spokesperson put it, "It’s disappointing that police requests for extradition have been unsuccessful. Clearly it is not the outcome we wanted."

New Zealand’s police made repeated efforts to bridge the diplomatic gap. In February 2025, a senior investigator traveled to Hanoi to meet with Vietnamese counterparts. Meanwhile, Luxon himself visited Vietnam that same month to upgrade the countries’ relationship to a comprehensive strategic partnership, suggesting lines of communication were open at the highest levels. But these efforts proved fruitless. The accused men remained out of reach, and the case was left in limbo.

For Cook, the lack of progress has been a bitter pill to swallow. Speaking to The Associated Press after learning of the failed extradition, she said, "I really do feel betrayed by the government." She added, "I don’t understand why they’re OK with that," referencing the government’s ongoing efforts to strengthen ties with Vietnam despite the unresolved case.

New Zealand’s foreign ministry has formally conveyed its "serious concerns about the matter" to Vietnam’s government. However, neither Vietnam’s foreign ministry nor its embassy in Wellington responded to requests for comment, according to AP reporting. Police Superintendent Corrie Parnell acknowledged the frustration: "We know this is disappointing for the complainants in this case. We can assure the complainants we are still considering all possible options." He added that while investigators are not currently pursuing further leads, they would reopen the file if either of the men returned to New Zealand.

This case has highlighted the diplomatic and legal hurdles that can arise when alleged crimes cross borders. According to Devdiscourse, the absence of an extradition treaty left New Zealand authorities with little recourse. Unlike top diplomats, the accused would not have been protected by diplomatic immunity, but their swift departure from New Zealand shielded them from prosecution all the same.

Some observers have pointed to precedent for voluntary extradition, even without a formal treaty. In 2014, a staff member at the Malaysian embassy in Wellington, Muhammad Rizalman Ismail, was returned to New Zealand to face an indecent assault charge after initially leaving the country under diplomatic protection. Ismail later admitted to the charge. That case, however, was the exception rather than the rule, dependent on Malaysia’s willingness to cooperate. In this instance, Vietnam has not followed suit.

The timing of the incident added further diplomatic tension. The attack occurred just days before Prime Minister Phạm Minh Chính’s official visit, and the accused men had met with New Zealand police at a training college near Wellington. According to AP, this raised uncomfortable questions about the nature of official delegations and the responsibilities of host and guest nations alike.

The fallout has sparked criticism not only from the victims but also from advocates for international justice. Critics argue that the case exposes a gap in protections for vulnerable workers and raises concerns about the effectiveness of diplomatic channels in delivering accountability. The New Zealand government’s commitment to upgrading its relationship with Vietnam, even as the case remained unresolved, has drawn particular ire from those who feel justice has been sidelined for the sake of diplomacy.

For the victims, the lack of closure is keenly felt. Cook chose to have her name published, breaking with the norm for survivors of sexual assault, in hopes of drawing attention to the case and the broader issues at play. "I really do feel betrayed by the government," she repeated, her words underscoring the emotional toll of the process.

New Zealand authorities have made clear that the door isn’t fully closed. If the accused men ever return to the country, the case could be reopened and charges pursued. For now, however, the limits of international law and diplomacy have left the victims—and many observers—frustrated and searching for answers.

The case serves as a stark reminder of the challenges nations face when justice and foreign relations collide. Without binding agreements or the political will to act, even the most serious allegations can fall through the cracks, leaving victims without recourse and perpetrators beyond reach. As calls grow for stronger international mechanisms to address such cases, the Wellington incident stands as a sobering example of what can happen when those mechanisms are missing or fail to deliver.