By Liam Fitzgibbon
Kim Dotcom's lawyers have accused the US and New Zealand of stalling tactics as they appeal a judge's ruling that police botched the high-profile armed raid on the internet millionaire's mansion.
Last month, chief High Court Justice Helen Winkelmann ruled the search warrants for the Coatesville raid in January were too broad and police exceeded their powers in seizing massive amounts of data.
This week the Crown said it would appeal the decision, but is refusing to say on what grounds.
Dotcom's US-based lawyer Ira Rothken described the appeal as a stalling tactic, and he accused the US of not honouring the New Zealand judiciary, which it had been seeking help from.
"It looks like they are trying to veto the New Zealand courts by simply not honouring the New Zealand judiciary's request," he told Radio New Zealand.
Mr Rothken said there had been no evidence of the court-ordered return of evidence seized during the raid, which was "disconcerting".
He believed the Government's case was weak and he was still optimistic a scheduled extradition hearing would take place in March.
The US is trying to extradite Dotcom to face racketeering, copyright and money laundering charges.
The FBI says German-born Dotcom's Megaupload website has cost Hollywood studios and other music, software and television copyright owners US$500 million by facilitating internet piracy on a massive scale.
In the US, Dotcom's lawyers are trying to have the case against Megaupload thrown out of court. A judge is expected to decide in the next few days.
Mr Rothken said if the judge decided in Dotcom's favour, it would be the end of the case against the corporate entity.
That would free up Dotcom's Megaupload domain name and assets, which he could use for the case against himself and the others, Mr Rothken said.
NZN