Child sex offender and murderer Phillip John Smith is accusing the government of unlawfully bringing him back to New Zealand after his audacious overseas escape.
Phillip John Smith. Photo: RNZ / Murielle Baker
Smith skipped the country in November 2014 and went to Chile and Brazil while on temporary release from Spring Hill prison - where he was serving a life sentence for murder.
While behind bars, Smith successfully renewed his passport under his birth name Traynor.
He was captured six days later, after tourists in a Rio hostel recognised him.
Smith appeared at the Court of Appeal in Wellington this morning via video link from prison after his request to appear in person was rejected.
He's appealing the 2-years-9-months jail sentence given to him for the escape.
His argument is that the deportation process was illegal under Brazilian law - and said New Zealand authorities thought extradition was tricky.
"New Zealand were very anxious to ensure that did not happen - if an extradition process was followed - I may not be able to be brought back to New Zealand at all," he said.
Smith told the court Brazil prohibits life sentences - the maximum over there is 30 years.
He also said that the country has a more relaxed approach to absconders.
"My understanding is that the Brazilians do not recognise escape as an offence because they attach such a high value to freedom - such that they consider that it would be only natural for a prisoner to wish to escape to obtain his freedom," he said.
That struck a chord with the three judges - who laughed and smiled at that statement.
Crown lawyer Fergus Sinclair denied Smith's accusations that the deportation was a "disguised extradition."
He defended the New Zealand officials that were involved in bringing Smith back, including a detective sergeant who flew to Rio.
"We submit there's no evidence of misconduct by New Zealand agents here - they weren't in a position to influence the judge's decision to deport - nor were they able to manipulate the inaction of other courts," he said.
The judges reserved their decision.
Smith's escape prompted an inquiry, and Parliament passed a law to make it harder for prisoners to do so in future.
He's already serving a life sentence for murdering the father of a boy he was sexually abusing - that was not part of his appeal today.
He was denied parole earlier this year and will be seen again by the Parole Board in 2022.