Trial of Xiao Zhen

The trial of Xiao Chen (Chinese: 肖真; pinyin: Xiāo Zhēn) in Shanghai, China, for the murder of Hiren Mohini in Mount Eden, New Zealand, is notable as the first time a New Zealand murder has been tried in a foreign court.[1] In the Chinese media, the case was frequently referred to as "New Zealand's first murder case" (新西兰第一命案).[2]

Crime

Hiren Mohini, a taxi driver born in Mumbai,[3] had picked up a fare in central Auckland and gone to Mount Eden between 1:00 am and 2:00 am on 31 January 2010. At Mount Eden he was fatally stabbed, apparently by a passenger. Police found a knife and soon had a suspect, based partly on CCTV footage.[4][5] NZ$100,000 was raised from the New Zealand public to support Mohini's family.

The suspect, Xiao Zhen, was a 23-year old Chinese national and kitchen worker at the SkyCity casino complex.[6] Zhen left New Zealand for China on 4 February, apparently to visit a sick grandfather. China does not have an extradition agreement with New Zealand and in any case does not extradite Chinese citizens even when an extradition treaty does exist.[7]

Trial

After reciprocal visits between the New Zealand and Chinese police, Xiao Zhen was arrested in Shanghai in June 2010.[2][8] All the New Zealand evidence was translated into Chinese by the New Zealand police for the trial[9] at the Second Intermediate People's Court in Shanghai[10] at which the suspect confessed.[8] Xiao Zhen claimed that Mohini had verbally insulted him after he boarded the taxi. Xiao demanded that he stop the taxi and refused to pay the fare. A struggle ensued, and Xiao Zhen stabbed the driver with a kitchen knife.[2] The trial lasted only a few hours, with no in-person evidence presented, but Mandarin translations of witness statements and evidence were handed up to the judges. A verdict and sentence was expected on 17 August 2011.[11] On 17 August Xiao Zhen was sentenced to 15 years in prison.[12]

Before the commencement of the trial the New Zealand authorities obtained formal written assurances that the death penalty would not be invoked.[13] New Zealand does not have the death penalty for murder.

Associate Professor Bill Hodge of the University of Auckland called the trial "an insult to New Zealand jurisdiction".[14]

See also

References
  1. "Chinese National is Tried For New Zealand Murder on Native Soil". blogs.voanews.com. 2011. Retrieved 8 August 2011. A Chinese man has confessed in court to killing a New Zealand taxi driver in a case that breaks new legal ground for the two countries.
  2. "杀害新西兰出租车司机留学生回沪获刑十五年". Sina.com. 18 August 2011. Retrieved 20 August 2011.
  3. David Gadd and Michael Fox (4 February 2010). "Funeral for slain taxi driver Hiren Mohini". Stuff.co.nz. with NZPA. Retrieved 24 November 2011.
  4. "Knife found as search for killer stepped up". nzherald.co.nz. 2011. Retrieved 8 August 2011.
  5. "Appeal to Asian community over taxi driver suspect". nzherald.co.nz. 2011. Retrieved 8 August 2011.
  6. "Murder case tests China-NZ link". theaustralian.com.au. 15 January 2011. Retrieved 8 August 2011. Mr Zhen, a kitchen worker at SkyCity casino, was identified from security camera images as the prime suspect.
  7. "China 'reasonably' pre-empting N.Z. justice". The Japan Times. 2011. Retrieved 22 January 2015.
  8. "Cabbie's killer confesses in China". nzherald.co.nz. 3 August 2011. Retrieved 8 August 2011. Shanghai
  9. "Kiwi cops leave for historic China murder trial". nzherald.co.nz. 28 July 2011. Retrieved 8 August 2011.
  10. "Eastday-Local admits killing taxi driver". english.eastday.com. 2011. Archived from the original on 20 March 2012. Retrieved 8 August 2011. Xiao admitted guilt at the Shanghai No. 2 Intermediate People's Court, saying he felt sorry for the victim and his family.
  11. "Taxi driver murder verdict due next week". nzherald.co.nz. 12 August 2011. Retrieved 13 August 2011. Mandarin
  12. "Taxi driver killer jailed in China". nzherald.co.nz. 18 August 2011. Retrieved 17 August 2011. "We have reviewed the case and found that the defendant showed regret during the trial and the lawyer pleaded for a lighter sentence. The court approved that, and the final ruling is that he should serve 15 years, and be deprived of political rights for a further four," said Judge Jiang Zhengyu. Li Liping, Xiao's aunt, said after the verdict that she felt Xiao Zhen deserved the sentence. "Our family failed to bring him up properly," she said, tearfully. "We do not think we will appeal and we think 15 years is correct. We now feel we can look the victim's family in the face".
  13. "Shanghai student charged in court here for murder of taxi driver in New Zealand - Shanghaiist". shanghaiist.com. 2011. Retrieved 8 August 2011. Detective Senior Sergeant Hywel Jones said the Auckland City Police handed the case over to the Chinese after formal written assurances by the Chinese government that the death penalty would not be applied.
  14. "China murder trial 'insult to NZ jurisdiction'". nzherald.co.nz. 13 January 2011. Retrieved 8 August 2011. 'To me, it is an insult to the jurisdiction of New Zealand.'
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