Brazilian police catch Smith

Phillip Smith has been caught by Brazil Federal Police, NZ Police Commissioner Mike Bush says.

He was tracked to a hostel in Rio de Janeiro, where he had checked in yesterday under a false name, claiming to be an Australian citizen called "James Andrews".

He paid cash in advance for two days in a shared room.

The fugitive is being held in custody. An NZ Police liaison, who travelled from the US to assist with the manhunt, has visited Smith in Brazil and has confirmed his identity.

He was caught around 2am this morning NZ time (11am local time), and several hours later appeared in court, where he was remanded in custody for 60 days.

Smith had been placed on an Interpol alert list, but it was a lucky break for police that saw him arrested. A worker at the hostel recognised him from a news report then tipped off authorities.

Prime Minister John Key has promised a full inquiry into how the convicted murderer, child molester and kidnapper was able to flee the country.

Questions raised by relatives of his victims include why he was granted a temporary release, why he was not electronically monitored, why he was able to pass through Customs using a passport carrying his birth name, why it took five days to cancel his passport, and where he got the $10,200 he left the country with.

Smith claims he's unlikely to be returned
In a statement sent to RNZ before his capture, Smith said “New Zealand would have considerable difficulty in extraditing me back, even if my location did become compromised” and that “it is thus highly unlikely that I will be returned to NZ under the national law of my host country, and attempts to do so will involve lengthy legal process”.

NZ does not have a bilateral extradition treaty with Brazil.

But Auckland law professor Bill Hodge tells NBR things don't have to escalate to the judicial process of extradition.

"My view is, forget extradition. That is judicial. What we are talking about here is deportation, an administrative act. Revoke the temporary visa, which was given to the tourist on false pretences, take him to the airport, and put him on the next plane to Chile, where he can sit in the transit lounge (flanked left and right by officers) until the next Lan Chile flight to Auckland. So deportation, not judicially ordered extradition."

Prof Hodge also took issue with descriptions of Smith as "intelligent". The convicted murderer was close to release. He now faces up to five years being added to his sentence.

Sorry Chris,  I might have pushed the wrong button before. 
My view, as I have been saying, is forget extradition.  That is judicial.  What we are talking about here is deportation, an administrative act.  Revoke the temporary visa, which was given to the tourist on false pretences, take him to the airport, and put him on the next plane to Chile, where he can sit in the transit lounge (flanked left and right by officers) until the next Lan Chile flight to Auckland. 
So deportation, not judicially ordered extradition.
Cheers,   bill h

Long-planned
Mr Smith said he decided to escape NZ last year after his last parole hearing, which he declared at Customs when leaving the country on November 6.

“I have bachelor of accountancy and a bachelor of business studies with a finance major,” Mr Smith told RNZ. “I have used these skills to make money in various ways. Some of that money was on hand to fund my escape.”

Several years ago he was caught running mail order business from prison.

Police talking to others
Commissioner Bush says "Detectives are talking to a number of people with relevant information. This includes the two persons who uplifted him from the prison as well as a number of witnesses who Smith may have interacted with prior to leaving the country.

"It is too early to speculate about charges in relation to anyone who may have assisted Mr Smith, but we are gathering all the information we need to inform us on any charging decisions as the investigation progresses.

"We are also liaising with relevant agencies including the Department of Corrections, Department of Internal Affairs, New Zealand Customs Service and the Ministry of Justice."