A Chinese man sentenced to 13 years in prison last year for smuggling kiwifruit is appealing his conviction, stating New Zealand company Zespri is to blame.Liu Xiongjie pleaded guilty to criminal smuggling in China last year and was ordered to repay an estimated $7 million in unpaid customs duties.
Lawyers are arguing officials should have identified the case as several corporations engaged in joint smuggling.
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Court documents state: "Among the smuggling accomplices, the New Zealand supplier Zespri was obviously the primary offender.
Liu's nephew, Jhun Si, said his uncle only pleaded guilty to get out of jail.
"He pleaded guilty to basically get out on bail so he could be with my grandfather, his father, for his last days because my grandfather is passing away."
Zespri said it could not comment on the case because it was still before the Chinese courts.
In a background document, Zespri said Liu was an importer who bought fruit from Zespri and sold it in China.
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Liu's lawyers disagree with Zespri's statement, stating he was an agent who sold fruit on behalf of Zespri working on commission.
Si said Zespri had the final call in what Liu could and could not sell.
"If they told my uncle, you've go to pay more tax, pay less tax, my uncle would do so," he said.
"The Chinese businessman operates to satisfy his supplier on all grounds, no questions asked."
If the Chinese court agrees, Liu's 13-year sentence could be substantially reduced, and Zespri could face further penalties.
