4 Jun 2021

Supreme Court: govt needs certainty of fair trial when extraditing

From Midday Report, 12:17 pm on 4 June 2021

The Supreme Court has told the government it needs further assurances that a person extradited to China would receive a fair trial before it surrenders them. Kyung Yup Kim, a Korean-born New Zealander was accused of murdering a woman in China in 2009 and has been fighting deportation since 2011. The then-Justice Minister Andrew Little had appealed against a ruling quashing the decision to surrender him. After 15 months of deliberations, the Supreme Court has just released a split decision with three of the five judges adjourning the appeal. The court says Kim's level of risk may have been underestimated by the minister and there are some gaps in the assurances it has received from the Chinese government. The judges have asked for a further report by the end of July 30 - but accept it is open to the current Minister, Kris Faafoi, to make a fresh decision. Two of the judges supported the order quashing the decision to surrender Kim and directing the minister to reconsider the matter. RNZ senior reporter Ruth Hill speaks to Max Towle about the decision.