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Man fighting extradition granted bail

NZ NewswireNZ Newswire 21/09/2016

A New Zealand resident sought by Chinese authorities over the death of a woman has been granted bail pending the final determination on whether he should be extradited.

Kyung Yup Kim has been in custody in Auckland since 2011, when China requested his extradition on suspicion of killing a woman in Shanghai in 2009.

On Monday, Justice Minister Amy Adams decided for the second time that Kim should be surrendered to Chinese authorities.

Her first ruling was successfully challenged by judicial review and Kim has indicated he intends to mount a challenge this time as well.

Kim has sought bail on a number of times previously and was declined on the basis that he was a flight risk.

Justice Jill Mallon, in a High Court verdict released on Wednesday, said she was satisfied Kim should be released on bail under conditions that included electronic monitoring.

She said the length of time he had been in custody at Mt Eden Prison favoured bail despite the flight risk that previous courts had identified.

"Mr Kim has now been in custody for over five years," she said.

"This is a very substantial period of time for a remand prisoner, to which Mr Kim is akin."

The judge noted that Kim had suffered health issues while in custody; his family, including two teenage daughters, were adversely affected by his detention; and he did not have a current passport.

Korean-born Kim has lived in New Zealand since arriving with his parents when he was 14.

He has denied having anything to do with the death in Shanghai.

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