24 Apr 2015

Court denial of appeal 'not the end'

8:39 am on 24 April 2015

The lawyer for a Korean man detained on remand for nearly four years in Auckland's Mt Eden prison says the Supreme Court's denial of his latest appeal is not the end of the matter.

Mt Eden Prison

Mt Eden Prison Photo: RNZ

China has been seeking the extradition of Kyung-Yup Kim - a permanent New Zealand resident - since 2011, over the death of a woman in Shanghai.

Tony Ellis

Tony Ellis Photo: RNZ / Kim Baker Wilson

Mr Kim has been fighting that and says he was detained illegally, without a hearing, lawyer or legal aid - however the Supreme Court has turned down his latest appeal.

The court said the warrant for Mr Kim's detention was valid and dismissed his application for leave to appeal.

Justice Minister Amy Adams has been considering Mr Kim's extradition.

Mr Kim's lawyer, Tony Ellis, said the Extradition Act suggests a decision must be made within two months and that period has passed.

"Specifically, the Extradition Act suggests that the Minister is supposed to make that decision within two months and it has been six months now - so we can go to a High Court and say Mr Kim should be released."

He said they could also appeal the Minister's decision once it has been released or appeal to the UN's working group on arbitrary detention.

Dr Ellis said Mr Kim faced possible torture or execution in China and his client would take every possible step to avoid extradition.