Dotcom appeals 'stalling tactic'
Wed, 01 Aug 2012 8:46a.m.
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.
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3/08/2012 12:12:12 p.m.
This is a comment I've pasted from a US based article (not mine):
From my understanding, the data that is in question was taken from New Zealand. I would say that would give them jurisdiction on the hard drive matter. Also Kim Dotcom was in New Zealand and the US wants to extradite him. That would give New Zealand jurisdiction over granting his extradition.
If you turn the tables a bit and say China decided it wanted to extradite Larry Page from the US because they believe he is breaking China's censorship laws. In the process they copied a lot of Google's data, including user data and emails, from US based servers and took it back to China because they claim it's evidence in their trial against him. Also, they block access to all Google services to the rest of the world while they make weak arguments about why they are "right" and Google is evil and that the US shouldn't question them and just hand Larry over without making a fuss. Do you think that that would be okay?
1/08/2012 4:30:00 p.m.
Brently Ford wrote:
Richard old chap...New Zealand Resident Mr Kim Dotcom had his application for NZ Citizenship declined due to the BULLIES in Hollywood. NEW ZEALAND'S ONLINE ANTHEM composed by Brently Ford (me) supports KD's application for NZ Citizenship and calls 4the destruction of Hollywood!!! Watch this space Richard or check me out on Facebook
1/08/2012 2:36:09 p.m.
since when did looking (or being) stupid stop our government doing anything? usually just results in additional lies.
1/08/2012 12:30:19 p.m.
So exactly when is the NZ government going to come to the defence of this NZ citizen? Can't keep pretending to be America's best friend when it makes you look stupid.
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