China trial for Auckland slaying will make history

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

The man accused of murdering Auckland taxi driver Hiren Mohini last year will stand trial in China next month, making legal history.

Mr Mohini, 39, died in January 2010 after he was stabbed, allegedly by Zhen Xiao, in suburban Mt Eden.

Zhen will go on trial in Shanghai on August 2, the first time a man accused of murder in this country has been tried in another country.

"It is new ground for us," said Detective Senior Sergeant Hywel Jones, the Auckland officer in charge of the investigation.

The case was likely to be heard before a panel of three judges in the Intermediate People's Court and there was no indication how long it would last, he said.

If Zhen was found guilty he would probably be sentenced within "a week or two but that is not set in stone", he said.

Zhen would be tried without prosecution witnesses and probably without defence witnesses and the panel of judges would rely on evidence sent to China by the New Zealand police.

"There are no New Zealand witnesses being called. The evidence we have provided, which includes physical exhibits and original evidential statements, is sufficient for their purposes."

Mr Jones said he and another New Zealand police officer who spoke fluent Mandarin, would attend the trial but none of Mr Mohini's family would be there.

Zhen was arrested four months after he travelled to China following Mr Mohini's slaying.

Mr Jones said New Zealand police had received good cooperation from the Chinese authorities.

"The process has been quite smooth really. We have had good cooperation whilst in China and also when they came across here we facilitated access to scenes and to evidence and it all went very well."

Mr Jones said Chinese law specified that Chinese citizens could not be deported to stand trial in another country where the crime was committed.

"Extradition would not have been an option in this case."

New Zealand police earlier sought and were granted an assurance from China that if found guilty of murder Zhen would not face the death penalty.

Mr Jones said if convicted Zhen faced a life sentence.

- NZPA