Taxi killing accused may never stand trial

Hiren Mohini with his wife Falguni, left, mother Vasantiben and daughters Yashvi (5) and Hetvi (3). Photo / Supplied

A man accused of killing an Auckland taxi driver is in custody in China, but the dead man's family may never see him face justice in New Zealand, a leading lawyer says.

Police said yesterday that 23-year-old Zhen Xiao - wanted in connection with the January 31 death of 39-year-old Hiren Mohini - had been caught in Shanghai on Thursday.

Two Auckland police officers were in China talking to officials "regarding the next steps in the investigation".

But former Criminal Bar Association president Graeme Newell said New Zealand had no extradition treaty with China, and he had never heard of any alleged criminals being returned there to face justice - "or vice versa".

"It seems obvious that lawyers in China acting for that man will be arguing against his removal from China.

"I would be surprised if that was simply a matter for governments. That would be a matter for law and legislation, not by ad hoc agreement."

Mr Newell said Zhen could escape justice altogether. He "couldn't be held forever" in a Chinese jail and might be set free "in the same way that a New Zealand citizen might well remain in New Zealand although he or she was suspected of a criminal offence in China, particularly in circumstances where the jurisdiction still has the death penalty".

Mr Newell said it was unlikely Zhen would be tried in China for Mr Mohini's killing, particularly as all the witnesses were in New Zealand.

Even when there was an extradition treaty between countries, a judge had to be satisfied that there were good grounds for the order to be granted.

Court orders keeping Zhen's identity secret were lifted yesterday, but details of police allegations against him remain suppressed.

The Herald can reveal that Zhen worked as a kitchenhand at SkyCity and lived at the Kiwi On Queen apartments in Upper Queen St.

Mr Mohini - a husband and father of two - was stabbed after taking a fare from downtown Auckland to Mt Eden.

Zhen was identified from SkyCity security-camera images taken on the night of the killing, but fled the country before he could be detained.

Police issued a warrant for his arrest on February 26.

Officers visited Mr Mohini's widow, Falguni, on Sunday to let her know Zhen had been found.

Last night, she told the Herald she had tried to explain to her daughters, aged 5 and 3, what had happened, but they did not comprehend.

"It was a very tough time. It's not easy for me," Mrs Mohini said.

"Every day, my younger one asks so many questions, like where are her father's shoes?

"She's asking, 'Where is my father? Has he had his lunch or dinner?' Every day, questions like that."

Mrs Mohini said she didn't ask police how they caught Zhen.

"I'm not interested in all the details, only the outcome. I don't want to hear about everything."

News of Zhen's arrest in China was broadcast over the radio system of Co-Op Taxis, with which Mr Mohini worked.

His employer, Barrie White, described the arrest as "fantastic news".

Auckland City CIB head Detective Inspector Bruce Shadbolt said police were grateful to the Chinese authorities for their support and co-operation.