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Home / New Zealand

Medals lawyer set to represent Xue

Elizabeth Binning
By Elizabeth Binning, Stuart Dye and Elizabeth Binning
Senior Journalist·NZ Herald·
2 Mar, 2008 04:00 PM3 mins to read

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Chris Comeskey. Photo / Herald on Sunday

Chris Comeskey. Photo / Herald on Sunday

KEY POINTS:

The lawyer who brokered the return of the stolen war medals is likely to represent captured fugitive Nai Yin Xue.

Chris Comeskey, who negotiated the return of the 96 medals stolen from the Waiouru Army Museum, told the Herald he would "in all likelihood" take the defence case
on behalf of solicitor Calvin Wootton, Xue's New Zealand lawyer.

Mr Comeskey said he had yet to receive firm instructions, and would know more once Mr Wootton had spoken to Xue.

Mr Comeskey - who is also representing South Auckland man Bruce Emery on charges over the death of tagger Pihema Clifford - works in the same Auckland chambers as Mr Wootton.

"In all likelihood Calvin will instruct me," said Mr Comeskey.

Two Auckland detectives are due to arrive in the United States today to speak to witnesses to Xue's arrest in Chamblee, a town on the outskirts of Atlanta, Georgia, on Friday.

The arrest, aided by a group of Chinese Americans, came after a six-month manhunt for Xue, who has been wanted since September after the murder of his wife, An An Liu, in Auckland and the abandonment of their 3-year-old daughter, Qian Xun Xue, at a Melbourne railway station.

Detective Senior Sergeant Simon Scott - who led the homicide investigation - said he had not heard whether Xue had enlisted the help of a lawyer, but he had rights under American and New Zealand laws.

"He's able to access criminal representation in New Zealand just like anyone else, and we will ensure he is able to have his rights met."

Xue was arrested on Friday morning and taken to the DeKalb County Jail, where he spend a night in a holding cell away from other prisoners while authorities decided if he should be deported on immigration matters or extradited by New Zealand on the murder charge.

On Saturday, Xue was taken to the Atlanta Federal Court for a hearing, but it was called off at the last minute once it was decided he would be deported for staying in the country longer than he stated on his entry card.

Xue is now believed to be in the custody of US Immigration and Customs Enforcement agents who will eventually escort him home.

That could happen within two weeks.

Mr Scott couldn't comment on reports that Xue would be shackled for the flight home saying it was a matter for American authorities.

"They are the ones who have made the decision to deport him, so that would be up to them.

"We are just happy for him to come back the safest and most lawful way possible."

Xue would be charged with murder once he arrived back in New Zealand and processed like any other arrested person.

* THE STORY SO FAR

Sept: Xue abandons his daughter at a Melbourne railway station. His wife's corpse is found in the boot of his car in Auckland.

Friday: Xue is captured in America after six Chinese Americans recognise him. He spends a night in the DeKalb County Jail.

Sat: Authorities decide to deport him on immigration matters, and he is taken into the custody of Immigration and Customs Enforcement officers.

Sun: New Zealand officers fly to America to interview the people who caught Xue and finish inquiries in the homicide investigation.

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