Smith to return within 10 days

Phillip John Smith.

Phillip John Smith will be returned to New Zealand within ten days.

A judge in Brazil has ordered authorities to deport the convicted murderer and child sex offender before December 1.

In his decision released today, Flavio Roberto de Souza said it was in Brazil's national interests to deport Smith immediately.

Smith fled New Zealand two weeks ago while on temporary release from Spring Hill Prison, using a passport issued in his birth name Traynor.

"The New Zealand Government offered to send police officers to escort Phillip John Traynor back and pay for all costs related to the trip," Judge de Souza said in his decision.

"Given the detainee's dangerousness and the information received from the Federal Police, that he intended to stay in Brazilian territory - and for that purpose was planning to get married and have children here - the immediate deportation is convenient to national interests.

"Therefore, I request his deportation to the country of his citizenship in up to 10 days."

Brazil's Federal Police has been negotiating Smith's deportation with New Zealand Police. Brazil's Ministry of Justice 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 de Janeiro and has been in a Brazilian prison since.