China trial over Auckland murder

A taxi with a black ribbon on it's aerial, to respect slain Auckland taxi driver Hiren Mohini. Photo / Brett Phibbs

In what is believed to be a New Zealand legal precedent, the alleged killer of Auckland taxi driver Hiren Mohini is to stand trial in China, probably around the end of the year.

Police allege Zhen Xiao stabbed Mr Mohini, 39, several times as the cabbie drove him from Auckland City to the suburb of Mt Eden on January 31.

Zhen, aged 23, fled to China and was arrested in Shanghai in June and charged with murder.

New Zealand and China do not have an extradition treaty, but they agreed he should be tried in China after Auckland police were given a verbal assurance the death penalty would not apply.

Police believe no one has ever been tried in another country for a crime committed in New Zealand.

Detective Senior Sergeant Hywel Jones said Zhen was likely to be tried by a panel of judges and not a jury and he hoped the case would be heard just before or shortly after Christmas.

He said New Zealand police were working through the logistics of evidence and witnesses and it was not yet known if evidence would be handed to the court or if witnesses would have to travel to China to testify.

"We have translated a reasonable amount of documents into Mandarin for use and it is just a question of the Chinese judiciary deciding what they want and whether or not they want witnesses to go there."

Mr Jones said he understood a written statement from a witness was as good as evidence-in-chief.

"It may be that is the way it goes but we have never done this before so it will be new ground for us."

Mr Jones said that as officer in charge of the inquiry he would probably attend but it was not known if Mr Mohini's family would travel to China. If they did, it was not known who would meet their costs.

"From start to finish it will be a completely new process for us."

Mr Jones said the Chinese authorities had been very co-operative after police had identified Zhen as a prime suspect. The New Zealand police inquiry was evidentially "pretty much where we want it to be".

"It is just a question of them deciding what they want and we will get a bit clearer on the time frames after that."

Once Zhen had left New Zealand, police had had to "look at all options to try and bring him to justice and this is where we are at".

Mr Jones said it was not an issue that he would be tried in China for a crime committed in New Zealand and Mr Mohini's family were happy with that.

"It is a New Zealand first and hopefully we will get a good conclusion."

Zhen was caught by Chinese police in Shanghai after fleeing there several days after the killing.

Soon after the arrest, Mr Jones and another New Zealand police officer travelled to China "to assist Chinese authorities with evidential matters".

Mr Mohini picked up his killer in central Auckland about 1.12am on January 31 and drove for eight minutes before he was attacked, causing him to crash into a tree.

His attacker fled but police later found a distinctive blue bag with Mr Mohini's blood on it and Zhen was identified from security footage as earlier carrying a similar bag.

- NZPA