Taxi killing accused faces China trial

Photo / Kenny Rodger

A Chinese kitchenhand accused of murdering an Auckland cabbie will be tried in his native country, but will not face the death penalty.

It is understood an agreement has been brokered between the New Zealand and Chinese Governments in which 23-year-old Zhen Xiao will stand trial for the killing of Hiren Mohini, but will not be subject to capital punishment, provided New Zealand police hand over their evidence.

Police located Xiao in Shanghai last week - more than four months after Mr Mohini, 39, was stabbed to death in Mt Eden's View Rd.

Xiao's Auckland flatmates previously told the Weekend Herald he had fled the country - apparently to visit his sick grandfather - about a week after the killing.

Inquiry head Detective Senior Sergeant Hywel Jones last night told the Weekend Herald, from China, the death penalty was typically taken off the table in cases stemming from other jurisdictions.

"Basically what happens in a case like this is we go through diplomatic channels and request that the death penalty is waived and that's what's happened in the past and once they give assurances they don't go back on that."

Mr Jones said he could not reveal how Zhen was located as the case was now before the Chinese courts and details were sub judice.

But an article in Wednesday's Herald outlined how Zhen had told his former Auckland flatmates he was flying back to Shanghai to visit a sick grandfather on February 4.

That was the week after Mr Mohini's death and Zhen had a cut knee - an injury he blamed on a basketball game.

Police visited the apartment a fortnight later, interviewing flatmates and taking forensic evidence.

Mr Jones said it was up to Chinese authorities to decide where the prosecution would go from this point.

"He's a Chinese citizen so he'll be subject to Chinese law."

He said Zhen had been remanded in custody. Mr Jones did not know when Zhen would be formally charged and was reluctant to speculate on a penalty.

In a pre-recorded interview on the police website, Mr Jones said Chinese authorities had co-operated well with the New Zealand police.

Mr Jones said he presented the case to the Chinese Ministries of Public Security and Justice when he visited Beijing in March.

MURDER TRIAL
The transcontinental deal
* Zhen to be tried in China, under Chinese law
* Death penalty waived
* Chinese authorities to formally charge and proceed from here