Michael Field Beijing cooperation in arresting a suspect in an Auckland murder investigation could be hiding diplomatic horse trading to get a naturalised businessman deported to face capital offences in China. Diplomatic and legal sources say China will hand-over 23-year-old Zhen Xiao, detained last week in Shanghai, so that he can face a charge of murdering Auckland taxi-driver Hiren Mohini, 39, on January 31. But the price could be deportation back to China of naturalised New Zealand businessman Yong Ming Yan, 39, currently before the High Court facing 12 fraud related charges. The Crown has said its principal evidence would come by video link from 12 Chinese security officials. His lawyer, John Haigh, QC, earlier this year he wanted that evidence ruled inadmissible unless they came to court in New Zealand. "No credibility can be attached to police officers as China is a police state.'' Yan was a political opponent of the Chinese government and was facing "economic crimes'' which carry capital punishment. Haigh told the court Beijing wanted Yan. In the wake of this week's Zhen detention Haigh would not comment on any links with his case. It's not clear what Yan's economic crimes were but they're said to involve upwards of US$300 million (NZ$430 million). China's speed against Zhen is in marked contrast to their efforts to find Rotorua's Leo Gao and Kara Hurring who fled last year with $10 million accidentally paid into their Westpac bank account. No one would discuss the policy behind New Zealand authorities providing evidence to totalitarian regimes that carried out capital punishment. A spokesman for Foreign Minister Murray McCully said "New Zealand officials are working with Chinese officials to progress the matter" while Police media adviser Grant Ogilvie said they were "grateful for the support and cooperation of the Chinese." University of Auckland International Relations Professor Stephen Hoadley said in the case of Zhen without an extradition treaty only diplomacy can be attempted. "I wonder how strenuously the government would really want this person back, given that this trial and incarceration is going to cost the taxpayers millions of the life time of this individual.'' University of Auckland law lecturer and extradition expert Treasa Dunworth said a treaty was not necessary. "There are many reasons why China would do that we have a public, transparent criminal justice system here; they won't want the expense of a trial there; they presumably don't want alleged murderers 'on the loose' there any more than we do here," she said. She said the more interesting legal question would be what would happen to Zhen if eventually convicted here. "Will be then be deported....? Can he be deported if there is a risk of the death sentence?" The alternative to deporting Zhen would be for China to put him on trial. Amnesty New Zealand's CEO Patrick Holmes that if Zhen was not bought to Auckland, New Zealand should call on China to guarantee a fair trial there without a death sentence. "It would be ironic if New Zealand were supporting a system now that saw someone convicted of a crime in New Zealand, face the death penalty elsewhere.'' 18 June 2010 Nb; Subsequent to the writing of this despatch police announced Mohini's suspected killer would be tried in China.
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