18 Dec 2008

Xue bail hearing adjourned a second time

3:12 pm on 18 December 2008

The man accused of murdering his wife in Auckland and abandoning their daughter at an Australian railway station remains in custody following a second bail hearing on Thursday.

Nai Xin Xue, 54, was arrested in the United States in February, six months after his wife, Anan Lui, was found dead in the boot of a car outside their Auckland home.

A second attempt at a bail hearing was held at the High Court in Auckland on Thursday, but was again adjourned and the matter will not be considered again until February.

Mr Comesky said the reason for applying for bail was so that Mr Xue could get a job and pay for his defence.

He said that requirement disappears if his client gets funding from legal services.

The earlier hearing, on Tuesday, was adjourned when Mr Comesky said Mr Xue had yet to receive any legal aid money.

Legal aid unpaid - lawyer

Mr Comesky on Tuesday told the court he had filed an application with the Legal Services Agency 10 months ago but was yet to receive a cent.

Mr Comesky said he could not even communicate with his client because there was no money to hire an interpreter.

He said Mr Xue owes his firm a significant amount of money and he may be forced to abandon the case.

However, the judge said Mr Comesky should have brought the matter to the Crown's attention sooner.

Outside court, Mr Comesky told journalists he thought legal aid was being withheld intentionally as a personal slight against his client.

National Manager for Legal Aid Robyn Nicholas told Checkpoint on Tuesday the agency has no personal views on Mr Xue or any legal aid applicant.

She said the service is waiting for further information that it has requested in order to determine Mr Xue's financial eligibility.