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Deceased taxi driver Hiren Mohini - Source: ONE News -
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In what could be a New Zealand legal precedent the alleged killer of Auckland taxi driver Hiren Mohini is likely to stand trial in China around the end of the year.
Police were seeking Zhen Xiao, 23, after Mohini, 39, was stabbed several times as he drove a fare from Auckland city to the suburb of Mt Eden on January 31.
Zhen fled to China and was arrested in Shanghai in June and charged with murder.
No extradition treaty exists between New Zealand and China and the two countries agreed that he should stand trial in China after Auckland police were given a verbal assurance the death penalty would not apply.
Police believe no one had ever before been tried in another country for a crime allegedly 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 was hopeful 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 up to the court or if New Zealand witnesses would have to travel to China to give evidence.
"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 or not."
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."
Jones said as officer in charge of the inquiry he would probably attend but it was not known if 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."
He 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 to "look at all options to try and bring him to justice and this is where we are at."
Jones said it was not an issue that he was tried in China for a crime allegedly committed in New Zealand and Mr Mohini's family was happy with that.
"It is a New Zealand first and hopefully we will get a good conclusion at the end of it," he said.
Zhen was caught by Chinese police in Shanghai after fleeing there several days after the killing.
Soon after he was arrested Mr Jones and another New Zealand police officer travelled to China "to assist Chinese authorities with evidential matters".
Mohini picked up his killer in central Auckland about 1.12am on January 31 and drove for eight minutes before he was attacked at Mt Eden, causing him to crash his taxi 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.
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