Smith's fate in the hands of Brazillian courts

Fugitive Phillip John Smith. Photo / AP

The fate of runaway murderer and child molester Phillip John Smith is in the hands of Brazilian courts, as police say he is welcome to return on his own volition at any time.

Police today said they were awaiting a decision from the Brazilian courts on the process of Smith's return.

The options include either deportation or an extradition process.

Detective Superintendent Mike Pannett remains in Rio de Janeiro where he is liaising with the Brazil Federal Police and Interpol, with the support of MFAT officials.

"We continue to receive excellent support from the Brazil Federal Police and the Brazil Government," he said.

"It is recognised that this remains a matter of high public interest in Brazil and New Zealand.

"We respect the Brazilian court process and we continue to work with justice officials to provide the high level of detail required for a decision to be made by the courts.

"While we are unable to put a timeframe on the outcome of this process, we are hopeful of a decision as soon as possible."

He remains in custody at the Bandeira Stampa Public Prison in Rio de Janeiro, after being transferred from the notorious Ary Franco Prison on friday.

"He can consent to returning voluntarily to New Zealand at any time," Mr Pannett said.

An inter-agency investigation into the circumstances of Smith's escape was ongoing.