New South Wales police have rejected claims they failed to hand over evidence that could convict Mario Santoro of murdering Sydney mining executive Cecilia Haddad.
During a pre-trial hearing in Rio de Janeiro, Brazilian homicide chief Fabio Cardoso said the prosecution case was missing crucial DNA evidence and an autopsy report.
"These things have been solicited, we are waiting for the Australian authorities to send them. They haven't supplied or justified why they haven't sent them yet," Mr Cardoso said.
The ABC understands that homicide detectives are powerless to hand over evidence or to assist with the Rio investigation while high level negotiations are ongoing between the Commonwealth and the Brazilian government.
NSW Police also said they were yet to receive any formal request for evidence linked to the brutal death of Haddad, 38, whose body was found floating in the Lane Cover River in April.
The court heard how Mr Santoro, 40, allegedly strangled Ms Haddad in her own apartment, before wrapping her body in bedding and weighing it down with her own scuba diving weights, then dumping her body in the water.
He then fled to Brazil.
A police source told the ABC that Brazilian authorities have not declined their request for Santoro to be extradited to Australia, although any move to do so would be in breach of the constitution.
Haddad's mother to speak at hearing
Speaking in Canberra today, Federal Attorney-General Christian Porter refused to comment on the progress of the talks despite Rio homicide detectives accusing NSW Police of inaction and a lack of cooperation.
"We just do not go into individual extradition matters, that is a long standing practice that we don't go into those matters, so obviously we are receiving information through our authorities based on the information they're getting from Brazilian authorities," he said.
Meanwhile, Ms Haddad's mother Milu Muller is expected to give evidence about the WhatsApp messages allegedly sent from her dead daughter's mobile phone by Mr Santoro when the pre-trial hearing continues next month.
"My sweet Milu, my Whatsapp isn't good. I went to the shopping mall to have a massage," one read, followed by another, which said the 38-year-old "hadn't come across Poca", which was a nickname for Mr Santoro.
Detective Mr Cardoso told the pre-trial in Rio de Janeiro that Mr Santoro confessed to killing Ms Haddad during an "informal conversation" with authorities while he was in jail.
The next pre-trial hearing will be at the end of October, with a judge to eventually decide if there is enough evidence to bring the case to trial.
