VANCOUVER - The B.C. Court of Appeal has set aside a federal order for a B.C. man to be surrendered to authorities in Thailand to face a murder charge.

In 2005, the federal justice minister ordered Michael Joseph Karas turned over to officials in Thailand, where he is accused of killing a woman and dismembering her body in 1996.

Karas appealed the order, saying it violated his rights because Thailand could not provide enough evidence to support a murder charge, and because the order was at odds with an earlier B.C. court ruling that said he could be extradited only for manslaughter.

Karas also argued that Thailand never promised that he will not be executed if convicted of murder.

The appeal court says the minister acted outside his jurisdiction when he ordered the surrender of Karas on terms that violated the earlier B.C. court ruling.

It has sent the issue back to the minister, saying any new order for the surrender of Karas must deal with the offence of manslaughter only.

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