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Dotcom may claim compensation from NZ Govt

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Dotcom may claim compensation from NZ Govt

3News NZ

Kim Dotcom (Reuters)

Kim Dotcom (Reuters)

If the case against Kim Dotcom fails it is likely the Megaupload founder will seek hefty compensation from the New Zealand Government.

Dotcom’s lawyers say there is a strong likelihood a lawsuit will be filed against the Government seeking compensation for damage to his property and lost income, according to the National Business Review.

The claim could be as much as US$50 million, reports the paper.

Dotcom is back in court today seeking access to evidence the Crown plans to use against him in an extradition hearing.

A High Court judge has already indicated the Crown may have to hand over the evidence but Crown lawyers have said it would take more than two months to collect.

Dotcom and three other men were arrested at Dotcom's $30 million rented mansion in Coatesville, Auckland, in a police raid on January 20.

They face charges in the US of racketeering, copyright infringement and money laundering and are awaiting proceedings to extradite them to the US.

Dotcom has denied any wrongdoing.

The case against Dotcom suffered a major blow on Thursday last week after the High Court ruled the raid on Dotcom’s mansion was illegal. Police seized luxury cars and artwork in the raid along with a massive 150 terabytes of data. They also froze bank accounts and internet services.

But last week Justice Winkelmann ruled that police search warrants used in the raid were too broad and police exceeded their powers in seizing what they did.

Dotcom’s lawyers are now pushing for anything not relevant to the case to be returned as well as requesting that no more copies of his hard drives be allowed to leave the country, and that those already with US authorities also be returned.

Dotcom is currently on bail and an extradition hearing for him is due to be held in Auckland on August 6. 

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Comments

7/07/2012 2:16:56 p.m.

Max Percy wrote:

Absolutely disgusting the way Dotcom has been treated by all those involved in his arrest.

Wouldn't matter to me who it was, anyone at all treated in the manner in which Dotcom has been is a sad reflection on our justice system in NZ.

The hard questions now have to be asked of our Government's involvement and what or rather who is the real driving force behind this litany of injustices.

I would suggest it is the FBI that is really calling the tune and that out puppet politicians have played to their tune possibly under a veiled threat that if we ( NZ ) don't come into line over their instructions, then there will be a price to pay . No different than our nuclear free results.

4/07/2012 5:56:58 p.m.

Kevin wrote:

Totally agree, yes the US government should foot the bill if this plays out in Dotcoms favor. But then again.... How damn stupid for our police system to roll over for the FBI so easily in the first place. Plus to do it in a way that was illegal. Come on NZ police heads. Sort it out before ya push your weight around. He wasn't a killer or anything that bad.

4/07/2012 3:09:38 p.m.

Richard wrote:

It should be in the many millions to ensure this never happens again to anyone on NZ soil. sadly it will be your and my money at the end of the day. No politician will put their hand in their pocket, nor will the US. Then I hope Dotcom has the kindness of heart to donate it all to causes within NZ that really need a hand.

4/07/2012 2:39:01 p.m.

Chargone wrote:

the screw ups on the part of the NZ police etc are entirely on them, and thus the responsibility of the NZ government. but that's for Dotcom's Personal stuff. the Megaupload stuff is ALL on the US government, and the case there is even MORE shakey, and plainly illegal. 'course, the USA has a law that says you can't sue the US government without their permission. (kind of necessary there with how litigation happy large parts of the population are, but horribly broken when stuff like this happens) I'm still completely flabbergasted that this rubbish about 'returning' COPIES of digital data continues to exist. you can destroy them, make new ones and give them away, even stop making more. but 'return' them? it's a COPY made via digital transmission. You Can't Return It To Someone Who Never Had It, and even faking 'returning' it by making a new copy and sending it back does not eliminate your possession of it. the paper equivalent would be every single such file being photocopied as it came in, several times. of course, it gets a little murky when the hardware the data is ON is taken as well. That can be returned, and the data on it should remain intact and unaltered (odds of that? crap all.) Also: all of those criminal charges fall through if the Civil charge of copyright infringement fails, and Megaupload is protected from that by following all US laws regarding such. further, Megaupload has no presence in the USA. as such, they cannot be served notice or whatever, as such the US government cannot actually do Any of the shit it's pulled legally. (they could go after the hosting company, but They're even More protected, legally speaking.) the entire thing is a political nonsense.

4/07/2012 2:20:30 p.m.

Jane wrote:

I feel sorry for Kim Dotcom at the moment as his life was turned upside down BUT if he sues the NZ Government then I would be 'pissed' as ultimately I will be paying through my taxes..

4/07/2012 2:07:57 p.m.

go Kim wrote:

I would love to see John Key's face when his goody-two-shoes government is ordered to pay $50M to Dotcom! That would really show him and his mates up for the fakes that they really are. My only worry would be that John Key would end up taking the $50M from ordinary people who are already stretched to their limits.

4/07/2012 1:42:58 p.m.

Elle wrote:

The USA FBI Government should pay for everything .. How dare they march into out country throwing their weight around. Extradition is for hardened violent criminals. The NZ Police and the police commissioner head and minister of Police's head should roll ! Never has NZ seen such a raid .. not even when violent criminals are involved ..

4/07/2012 12:22:11 p.m.

Brett wrote:

Thats pretty BS if NZ has to pay the compensation as this as clearly the FBI's doings. Dotcom has never done anything wrong and allthough NZ should have never gone through with the raids: the underlying cause of this was because the US wanted us to do it. All and any compensation should come from them.