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Phillip Smith heading back to NZ

Escaped killer and paedophile on first leg of journey back to NZ.

Fri, 28 Nov 2014

Phillip Smith set to depart Brazil on the first step of his journey back to New Zealand, RNZ reports.

RNZ reporter Alexandre Tortoriello was at Rio airport and said Smith's luggage has been checked in by two Brazil police officers, and a New Zealand official.

The flight from Rio will leave for Santiago in Chile shortly, before connecting with a flight to Auckland, Mr Tortoriello says.

It was not immediately clear by which process the escaped killer and paedophile was escaping Brazil. 

But earlier Auckland law professor Bill Hodge told NBR the matter did not 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 pretenses, 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 said.

Through his NZ lawyer Tony Ellis, Smith had complained he had no money for a lawyer in Brazil. His family and a business associate had refused to offer him any funds. NZ authorities were encouraging him to volunarily return.

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Phillip Smith heading back to NZ
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