NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / New Zealand

How Kiwi fugitive gave himself away

Anna Leask
By Anna Leask, Alexandre Mata Tortoriello and Bruce Douglas in Rio de Janiero
Senior Journalist - crime and justice·NZ Herald·
13 Nov, 2014 08:44 PM7 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

Fugitive Phillip Smith has been taken into custody in Brazil after he was recognised at a hostel in Rio de Janeiro. Smith was taken into custody by Brazil Federal Police just after 2am this morning NZ time after he was found at a hostel in Santa Teresa.
‘Don’t hurt me,’ Smith says as police handcuff him at hostel

Phillip John Smith, caught yesterday in Rio de Janeiro after fleeing NZ, has been transferred this morning to another prison in Brazil.

Smith had been initially placed in the notorious Ary Franco Prison, but was transferred to Gericino Penitentiary - the largest public prison in Brazil.

Smith was arrested in Rio yesterday, a week after fleeing New Zealand while on temporary release from Spring Hill Corrections Facility in South Auckland. He was serving a life sentence for murder and other violent crimes.

It's not clear why he was moved to another jail.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

IRD reveals Smith's $50k fraud

In other developments in the case, Inland Revenue also says Smith is guilty of defrauding the public of almost $50,000, Inland Revenue says.

The money he stole, while he was behind bars, remains missing.

The department successfully prosecuted Smith in July 2012 of 12 charges of obtaining by deception involving $47,565 worth of refunds, a spokeswoman said today.

Smith was sentenced to 15 months' imprisonment and ordered to pay reparation of $50 per week.

Advertisement
Advertise with NZME.

"Inland Revenue undertook a large volume of bank tracing in order to identify where the refunds went but the funds were not able to be recovered."

Smith arrived in Rio de Janeiro on Tuesday morning with a large suitcase and a backpack, checked into a youth hostel as James Paul Andrews from Brisbane and joked about finding himself a Brazilian girlfriend.

He paid $40 for two nights in a bottom bunk in a six-person dorm called the Ipanema room at the Cidade Maravilhosa, and for all intents and purposes was just another tourist in Rio de Janeiro.

But the next morning, a staff member recognised him in a television news report about his escape. When he left to buy food, the employee decided to call the police.

Discover more

New Zealand|crime

Brazil to combat image as fugitive haven

12 Nov 02:36 AM
New Zealand|crime

Victim thanks NZ police

12 Nov 10:08 PM
New Zealand|crime

Smith earned funds to flee while in jail

12 Nov 05:00 PM
New Zealand|crime

Business partner had peeping conviction

13 Nov 04:00 PM

Officers swooped and the international manhunt for Smith, who skipped New Zealand while on temporary leave from Spring Hill Corrections Facility last Thursday, was over. His roommate spoke to the Herald soon after, saying he had been suspicious of Smith and was stunned to learn he had slept next to a "cold-blooded killer".

Read more:

• Smith's business partner was up-skirt peeper
• Brazilian jail known for inhumane conditions

"It's terrifying," he said. "He seemed like a normal guy. I'm still trying to understand it. It's hard to believe we shared the same room."

The man said a "single detail" gave away the fact something was amiss.

"He said his name was James. And I noticed, sometimes, when we called 'James', it would take him some seconds to realise we were talking to him," said the man, who was badly shaken and did not want to be identified.

Advertisement
Advertise with NZME.

"I could never imagine he was behind all those things."

TAn employee of the Rio hostel recalled Smith checking in.

He was quiet and polite and spoke no Portuguese, the staff member told the Herald.

But they managed to joke together in English about his choice of shirt with the logo of Vasco da Gama, one of Rio's top football clubs.

"'Why are you wearing the shirt of such a rubbish team,' I asked him," the staff member said.

Smith had the bottom bunk at the Cidade Maravilhosa Hostel.

Advertisement
Advertise with NZME.

Smith said he had come to Brazil to find a woman to marry and asked where he could find longer-term accommodation in Rio.

The staff member never imagined they would see Smith's mug shot on the news the next morning. Moments after learning that James Andrews was a dangerous killer wanted by authorities in New Zealand, the staff member was told by Smith he was going to buy food.

The staff member soon called police and by the time Smith got back, five Brazil federal police officers were waiting.

Smith was on his own in the Ipanema room when the police arrived.

"Phillip," the staff member called, and Amith opened the door a "crack". "I've some guests here to see the room."

Smith opened the door and moved back behind one of the bunk beds as several plain-clothes officers walked into the room.

Advertisement
Advertise with NZME.

"What's your name?" one asked him. Smith lowered his head and looked at the floor.

"Where are your documents?" the officer continued.

Smith mumbled something, crouched down, and started rummaging through his suitcase.

The officers then revealed who they were. "It's over. We know who you are," a federal officer said.

They found his passport in his birth name, Phillip John Traynor, in his luggage and arrested him.

"He was talking quietly when they led him away," the hostel manager said.

Advertisement
Advertise with NZME.

Smith's hostel registration.

"I couldn't hear him as I didn't want to get too close. The only thing I heard him say was, 'Don't hurt me', when they put the handcuffs on him."

Hostel guests told the Herald he had tried to convince one of his room-mates to drive him 400km to Sao Paulo, Brazil's largest city.

That roommate and another checked out of the hostel, traumatised at having shared a room with a murderer.

A 24-year-old Brazilian guest said Smith was very quiet. "I assumed that he had a job because he was on the computer the whole time."

Smith moved to another jail, declines media interviews

Smith was later remanded in custody to the notorious Ary Franco Prison, he was jailed under the name Phillip John Traynor, the name on the passport he travelled to Brazil on.

Advertisement
Advertise with NZME.

This morning he was transferred from Ary Franco to the Bandeira Stampa public jail, part of the Gericinó Penitentiary Complex in Bangu in Rio's Western Zone.

No reason was given for the transfer, other than it is a "unit in accordance with his profile".

When he was sentenced to 60 days preventative detention on 12 November, the judge Flavio Roberto de Souza said "It must be born in mind that, given the deportation request, that he could escape to an unknown location, as he did during his prison sentence in his country of origin."

The Gericinó Penitentiary Complex is the largest public prison in Brazil.

It was built in 1987 as a maximum security prison and it houses some of Rio's most dangerous criminals, including kidnappers and drug traffickers.

However, it is a huge prison and relatively speaking, it is modern and well-run. The section Traynor/Smith is staying in is known as Bangu 10.

Advertisement
Advertise with NZME.

Bangu 10 is one of the most modern jails in Rio. There is space for 541 detainees, divided between collective and individual cells.

Recently, Bangu 10 was home to Ray Whelan, a director of FIFA's ticketing and accommodation service Match.

Whelan was arrested during the World Cup over charges of ticket touting. Other foreigners accused of various crimes during the football tournament were jailed in Bangu 10.

An Emergency Travel Document is being prepared to allow Smith to travel once the necessary arrangements are in place.

He is facing one charge of escaping from custody, and further charges are likely when he returns.

It was not clear whether anyone will be charged with assisting in his escape. His sister Joanne Smith, one of his release sponsors, picked him up from the jail. Police raided her Palmerston North home on Wednesday, seizing a laptop and other items.

Advertisement
Advertise with NZME.

The man who was molested by Smith as a child and who saw his father being murdered by Smith said he could now carry on with his life "without having that fear [of Smith finding him] over my shoulders".

The investigation into how Smith obtained his passport in his birth name, and where he got more than $10,200 in cash is ongoing.

Police executed a search warrant on a safe deposit box in Auckland and are speaking to a number of people about the months leading up to Smith's escape.

Assistant Commissioner Malcolm Burgess said there was an "element of luck" and good policing by Brazilian officers involved in catching Smith so quickly.

The capture

• Yesterday 2am NZ time: Smith arrested at a hostel in Rio, where he'd told guests he was an Australian named James Andrews.

• 7am: Smith appears in court in Rio and is remanded in custody for 60 days to the notorious Ary Franco Prison.

Advertisement
Advertise with NZME.

• 3pm: Police say they are working through options available to get Smith home, including deportation and extradition. An Emergency Travel Document (ETD) was being prepared to allow him to travel once the necessary arrangements are in place.

Save

    Share this article

Latest from New Zealand

Premium
New Zealand

In the palm of his hand – the rise of a third top NZ men's shotputter

Politics

Quran, Torah and Bible among books bound for National Library shredder

New Zealand

'I feel aggrieved': 92-year-old online shopper's warning after supermarket meat purchase


Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

Advertisement
Advertise with NZME.

Latest from New Zealand

Premium
Premium
In the palm of his hand – the rise of a third top NZ men's shotputter
New Zealand

In the palm of his hand – the rise of a third top NZ men's shotputter

You know Tom Walsh and Jacko Gill, but a third Kiwi could join them at the world champs.

16 Jul 06:00 PM
Quran, Torah and Bible among books bound for National Library shredder
Politics

Quran, Torah and Bible among books bound for National Library shredder

16 Jul 06:00 PM
'I feel aggrieved': 92-year-old online shopper's warning after supermarket meat purchase
New Zealand

'I feel aggrieved': 92-year-old online shopper's warning after supermarket meat purchase

16 Jul 06:00 PM


Solar bat monitors uncover secrets of Auckland’s night sky
Sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

06 Jul 09:47 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP