Kiwi Peter Gardner waits in Chinese jail for word on drugs trial

Peter Gardner and Kalynda Davis

Kiwi Peter Gardner, who has been detained in China on suspicion of drug smuggling for more than three months, is still awaiting a decision on whether his case will go to trial.

New Zealand-born Sydney resident Gardner was arrested on November 8 in Guangzhou, where authorities allege he tried to smuggle 40kg of methamphetamine out of China.

His travelling partner, Sydney woman Kalynda Davis, 22, was released in December after a month in custody without charge.

But Gardner, a 25-year-old from Richmond in northwest Sydney, could face the death penalty.

New Zealand human rights lawyer Craig Tuck has joined Gardner's defence team and will travel to China soon to work with his client's Chinese legal counsel.

"Mr Gardner has had his file transferred from the police to the prosecutor's office," he said in a statement today.

"He is detained in a cell while he awaits the decision about whether or not his case will proceed to trial.

"He is grateful for the love and support of his family and friends in New Zealand and Australia."

The Gardner family has requested privacy and won't comment to the media while the case proceeds.

When Ms Davis returned to Sydney, her father revealed she was cleared because she had carry-on luggage only.

She had been shackled in a small cell during the 30-day interrogation, was allowed no contact with the outside world and had her long, blonde hair cropped.

- AAP