Accused taxi driver killer won't face death penalty

Hiren Mohini, pictured here with his family, was murdered in the Auckland suburb of Mt Eden in January. Photo / Supplied

Auckland police say they have been assured by Chinese authorities that Zhen Xiao will not face the death sentence if he is convicted of murdering Auckland taxi driver Hiren Mohini.

In a legal first between the two countries, Zhen, 23, is expected to stand trial in China for Mr Mohini's murder in January at Mt Eden.

Zhen fled the country after the killing and was arrested in Shanghai several months later and charged with murder.

China still has the death penalty but New Zealand police agreed that the trial could be held there only if Zhen was not executed if found guilty.

"I have verbally been given that assurance," said the officer in charge of the case, Detective Senior Sergeant Hywel Jones.

"It would be life imprisonment on a similar tariff to what you would expect to receive in New Zealand."

He understood China had similar non-parole periods to New Zealand.

In New Zealand life imprisonment means a minimum of 10 years in prison but a judge can also impose a longer non-parole period.

Police had earlier hoped the trial would be held before Christmas but Mr Jones said it was still not clear when it would be held.

Mr Jones said it was also not clear if witnesses would have to travel to China for the trial and if they did, who would meet the costs.

"We have never done this before so if it came to that it is something we would have to discuss."

Mr Jones said Chinese courts placed a lot of credibility on written evidence.

He said that could mean affidavits were sworn in New Zealand and presented to the trial in China.

Several documents had been translated into Mandarin and supplied to the Chinese judiciary.

Mr Mohini, 39, was stabbed several times as he drove a fare from Auckland city to the suburb of Mt Eden on January 31.

- NZPA