Dotcom's lawyers look to throw out case
Fri, 29 Jun 2012 6:18p.m.
By Tom McRae
Lawyers for Megaupload founder Kim Dotcom will in the next few hours ask a US judge to throw out the case against the internet entrepreneur.
Their argument has been bolstered by yesterday's High Court ruling that the raid on Dotcom's mansion was illegal.
Lawyers say that decision is an embarrassment to both the New Zealand and US Governments.
Dotcom was remaining staunch today, vowing to fight for internet freedom.
He has plenty of support too, racking up tens of thousands of Twitter followers this week by turning up the charm offensive, even inviting some over for a pool party.
He's also using Twitter to poke fun at the case against him – a case now described as an “embarrassment” to the New Zealand and US Governments.
“One would think that they would use a high standard of care in how they carried out their operations,” says Dotcom’s attorney Ira Rothken. “This situation looks like nothing more than a desire to take down the Megaupload cloud storage site at any cost, and worry about the consequences later on.”
The ruling by Justice Helen Winkelmann that the search of Dotcom's mansion was illegal is expected to have a major impact on the rest of the case.
“Evidence in court has to be admissible and to be admissible it has to be fairly obtained,” says Jonathan Krebs of the Law Society. "And if it's being obtained pursuant to unlawful warrants, that's a pretty good steer that the evidence was unfairly obtained and should be omitted.”
Clones of Megaupload hard drives seized here were sent to the FBI. This too was ruled illegal, which could have an impact on attempts by the US Government to extradite him.
“I'm just not the legal expert,” says Prime Minister John Key. “That's for others to determine how they interpret the law and make sure they follow it correctly. It'll be for them to also consider whether it has been accurately applied by the courts or whether we need to appeal that.”
Dotcom is due back in the High Court next week, where it will be argued what to do with the evidence and assets that were seized.
Meanwhile his lawyers in the United States will tomorrow fight to get the case thrown out altogether.
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2/07/2012 10:22:21 a.m.
John Key quoted 'Im just not the legal expert' 'Thats for the others to determine how the interpret the law and make sure they follow it correctly.John Key the National Government has no skills in these fields shouldn't be elected as a Prime Minister, just look at the state of this the country since he was elected, an inexperience and no wonder that our country is in a enormous hactic disasters, just look at the diaster with the Dotcom's Mansion and his files.. Key would run a ship underground if he doesn't have the skill of a captain, the people of this country are suffered eneough over his unskilled actions..
30/06/2012 3:11:15 p.m.
James Lochead wrote:
I thought the risk assessment for armed officers to be used was. “Is it reasonable to assume, could a police officer could lose an arm or a leg?”
I’m still trying to work out something. He used to drive quite easily recognisable cars with number plates like “god” etc. would a routine traffic stop be much, much more cost effective?
Do the police use firearms officer and helicopters to raid Cannabis growers or meth labs routinely. They are prone to violence but firearms officer don’t appear routine in these circumstances. New Zealand police are not routinely armed and Kim Dotcom does not appear prone to violent out bursts.
I still find it difficult to swallow… you can use the wrong document to cease assets, not allowing them chance to defend themselves. It appears the withholding of payments is a tactic of wait till they run out of money… then can no longer fight and are forced to fold.
Also the Police and FBI agents are they likely to face charges of breaching a court ruling, the police were to keep control over the hard drives?
I also have a problem with collecting evidence and then withholding it to prevent a defence against it. It happened to me HRRT ruling, its not nice fighting blind against withheld documents.
30/06/2012 3:03:56 p.m.
What ever the story is here, tax payers are paying for this fiasco. I would personally rather be paying for kids free lunches than this debacle
29/06/2012 10:57:31 p.m.
Terry Atkinson wrote:
Surely this farce has been illegal all the way from the start. Taking all his assets without at least first charging him with an offence, or finding him guilty in a court of law must surely go against everything that the USA especially, purport to be the basis of their judicial system. I hope that Kim Dotcom sues the NZ police for millions. While NZ cannot afford such payment, we cannot afford to have corrupt cops from the USA come to NZ to throw their weight around as they seem to get away with stateside. Go Kim. You have shown the world by your dignified response just what kind of person you are. You can be so proud of the way you have risen above this keystone cops behaviour.
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