13 Dec 2015

Brazilian judge who deported Smith 'had dementia'

2:33 pm on 13 December 2015

The Brazilian judge who ordered the deportation of convicted murderer and paedophile Phillip John Smith back to New Zealand a year ago has been dismissed from office amid allegations he appropriated seized stolen goods, Smith's lawyer says.

Smith, who is accused of escaping from prison and fleeing to Brazil, is seeking to have those charges dismissed on the basis the deportation was illegal.

His lawyer, Tony Ellis, said it was being reported that the judge, Flávio Roberto de Souza, claimed in his own defence that he was suffering from dementia and could not tell right from wrong.

Dr Ellis said if that was the case, he could not have made a valid decision.