Gulf Harbour body trial: accused seeks return of deported women

The leader of a religious group who is one of four people accused of the kidnapping and manslaughter of Shulai Wang has asked an immigration officer in court whether they can help to bring to the trial other Chinese women who had lived in his home and who were deported.

Kaixiao Liu, his wife Lanyue Xiao and his parents Xiuyun Li and Jingui Liu have each denied the kidnapping and manslaughter of Wang.

They are all self-represented in the trial, accompanied by standby lawyers.

Wang's body, wrapped in layers of rubbish bags, was found by a fisherman in the waters of Auckland's Gulf Harbour on 12 March, 2024, eight months after she entered the country.

The Crown said Wang, aged 70, was one of six women who came to New Zealand to seek religious instructions from Kaixiao Liu and lived "in servitude" to Liu's family in their home in Orewa and called Liu "the lord".

The Crown earlier said the other women refused to talk to police, and immigration officers told the court that police did not oppose the deportation as the women were no longer needed for the investigation.

It argued that Wang was starved and punished for disobeying the rules of the group and subsequently bound in tape after a failed escape attempt.

On Wednesday, the jury heard that the five other women in the house, also known as the "Ark", had overstayed their visas when they were discovered by police during a search warrant on the defendants' home on Harvest Avenue in July 2024.

Crown witness and immigration officer Alexander Ballerau told the jury that the five women were all Chinese citizens and were all unlawfully in New Zealand at the time.

Two of the women's last date of arrival in New Zealand was January 2020. The other three arrived in 2023.

Ballerau also said that the five women did not speak during their individual interviews with immigration officers and neither did they engage with Mandarin interpreters.

He said three of the women "simply smiled" throughout the interview.

Earlier, the court heard from Crown Prosecutor Emma Kerr that apart from initial comments, the five women refused to engage with police.

Ballerau said the women were all deported in August 2024.

Asked by Kerr if police were content with the deportation and that the women were no longer needed for the investigation, Ballerau said yes.

During Kaixiao Liu's cross-examination of another immigration officer, Mohammed Arour, he asked if the officer had any way to "help those ladies come to the trial, because they want to", adding that it was for "open justice" and the "search of truth".

He was interrupted by Justice Downs who told him he could not assume in his questions what other people were thinking, and he was urged to rephrase his question.

Arour said the Immigration Minister could over-ride the five-year prohibition that prevented a deported person from re-entering, and that could be applied for through an immigration adviser or lawyer.

Liu asked if it could be done within three weeks, to which Arour said he could not answer that.

Liu's wife Xiao cross-examined Ballerau on the deportation of the five women.

She asked if they were told about their right to appeal the order, to which Ballerau said that right expired 42 days after the expiry of their visa and they had all overstayed beyond that time limit.

Xiao's standby lawyer Quentin Duff asked Ballerau if overstayers involved in criminal proceedings would be allowed to stay.

Ballerau said that was correct and that it also applied to witnesses.

Duff asked if the decision to deport the women was discussed with police investigating Wang's death.

Ballerau said immigration, not police, made deportation decisions. "However, when police advise they're no longer of interest, we are free to proceed with our processes", he said.

The trial continues.

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