Appeal for urgency in Brazil case

Phillip John Smith.

A week after Phillip John Smith's arrest in Rio de Janeiro, there's still no firm indication of when he will be back in New Zealand but it's hoped a Public Prosecution Service request will speed up the process.

Brazilian federal attorney Cristiane Duque Estrada is assessing the case and, according to sources close to the investigation, she's likely to recommend urgency on Smith's deportation. She is expected to send a request - in the next 24 hours - to the Federal Court in Rio de Janeiro which is dealing with the case, urging the Brazilian Government to deport him as soon as possible.

"It's not a legal decision, but it certainly puts some pressure on the authorities," said criminal lawyer Henrique Baptista, an expert in extradition cases. "But it's not possible to say when it's going to happen. It could be as soon as this weekend, but bureaucracy could also delay it for some more days."

Smith is sharing a cell with another prisoner at Bandeira Stampa public jail at the Gericino Penitenciary Complex, the largest in Brazil with 16,000 prisoners. His only visitors were New Zealand embassy personnel, the day after his arrest.

Retired federal judge Lafredo Lisboa said if the attorney was asking the Federal Police to speed up deportation, it would indicate they were trying to avoid an extradition which could take more than a year.

"But a deportation should not take so long. Usually when someone is caught at the airport they are sent back right away. Now it seems the [Brazilian] Government has not decided yet who is going to pay for Smith's ticket. Deportation is a simple administrative procedure. It is the Federal Police's responsibility", said Mr Lisboa.

"When the detainee has already been through immigration, they give him some time - could be up to 10 days - to voluntarily leave the country. If it doesn't happen, the foreigner should be expelled. But in that case, a presidential order is needed. And I assume they don't want that either."

Brazil's Justice Ministry and the Federal Police said the case was classified and would not comment.

Smith was arrested in Brazil last Thursday at a backpackers hostel in central Rio, a week after fleeing New Zealand. The convicted murderer and paedophile was meant to be on a 72-hour temporary release in Auckland but boarded a flight to Chile.