Taxi murder suspect could get China trial

The security camera image of Zhen Xiao taken on the night of the killing. Photo / Supplied

Auckland Crown solicitor Simon Moore says murder suspect Zhen Xiao could face trial in China in the absence of an extradition agreement.

The suspect in the death of taxi driver Hiren Mohini is in Chinese custody after fleeing New Zealand.

Before he left New Zealand, Zhen Xiao had gambled away his wages.

But when the 23-year-old packed up his things and told his flatmates he was flying home to Shanghai early in February, they didn't ask how he was paying for the trip.

"He said his grandpa was sick and he had to go," said Lisha Miao, who still lives in the modest Upper Queen St apartment.

She was shocked when detectives came knocking a fortnight later, asking questions about the fatal stabbing of Auckland taxi driver Mr Mohini, 39, on View Rd in Mt Eden early on January 31.

The three housemates were put up in a hotel, while police examined and fingerprinted the apartment. Zhen's rice cooker and PlayStation were seized and his "very messy" little room locked up.

More than four months on, police have tracked Zhen down in China.

A police spokeswoman this week said two Auckland officers were in China talking to officials "regarding the next steps in the investigation". But legal experts say Zhen may slip through the international, legal cracks.

Law Society spokesman Gary Gottlieb said because there was no extradition treaty with China, it could involve some kind of agreement between the two governments.

He did not believe Zhen could be tried in China for a crime committed in New Zealand.

But Mr Moore said the two governments could come to an agreement to have Zhen sent back to be tried, but in his experience that was unlikely.

"Based on my understanding and past involvement in cases of this sort involving China, the Chinese are reluctant to send their nationals to another country to be tried.

"Unless there is anything particular or unusual about this case, then I can't see what would be the basis of an exception."

Alternatively, New Zealand police could take their evidence to China, Mr Moore said, "with a view to Chinese authorities prosecuting the man for offences committed in New Zealand".

Details about Zhen's time in this country are limited, as he appeared to live a quiet, reclusive life.

He moved into the Queen St apartment in October, while training to be a chef at Auckland University of Technology, but dropped out because of money woes. It is understood he arrived in the country on a temporary working visa, but Immigration yesterday refused to say which type.

Sources told the Herald Zhen was a casual worker at the SkyCity Convention Centre and a kitchenhand at Chinese restaurant the Jade Dragon.

Ms Miao said he often brought slabs of meat or other food home from work and turned them into Western-type meals.

A staff member last night said no one on duty could remember Zhen, but all were relatively new to the restaurant.

SkyCity yesterday refused to discuss the matter in view of the ongoing police investigation, saying it was not appropriate to comment.

Ms Miao said in the days before his departure, Zhen used a stool to hobble around the apartment.

He said he had cut his knee playing basketball.

She said he refused to go to the doctor, saying "it's okay, I just need some pain killers to stop the pain".