9 Jan 2013

Murder suspect to be held in prison

2:52 pm on 9 January 2013

A Korean man suspected of murder has failed in a bid to be released from Mount Eden prison.

China is trying to have Kyung Yup Kim, who is a permanent resident of New Zealand, extradited to face charges relating to the murder of a prostitute three years ago.

Mr Kim has been in custody since June 2011. He is fighting extradition and filed a writ of habeus corpus to have his detention here declared unlawful.

Lawyers argued that China had not complied with its own extradition laws and that Kyung Yup Kim was not accused of the murder, only suspected.

The Supreme Court has dismissed his appeal saying the evidence that accompanied China's letter for surrender made it clear Mr Kim would be accused of murder.

The Court also said fears that the accused would receive the death penalty were unfounded because China has said it will waive the death penalty in this case.

Mr Kim will remain in custody until an extradition hearing.