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Megaupload's Kim Dotcom bail decision reserved

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Kim Dotcom

Kim Dotcom

video
Mon, 23 Jan 2012 2:38p.m.

Kim 'Dotcom' Schmitz will find out on Wednesday at the latest whether he will be released on bail following Friday's arrest on internet piracy charges.

Judge David McNaughton reserved his decision after hearing argument from the Crown and defence lawyers today.

Dotcom has been remanded in custody until Wednesday morning.

Earlier today, Dotcom's lawyer argued he was unlikely to be a flight risk.

He and three others are facing internet piracy charges after police raided Dotcom's $30 million rented Auckland mansion.

Their arrests followed a global FBI-led investigation into illegal file sharing.

Both the Crown and police oppose bail, saying Dotcom poses "a flight risk at the extreme end of the scale".

Prosecutor Anne Toohey told the court that Dotcom has a history of chartering private planes, helicopters and yachts, and may still have access to funds.

Ms Toohey also said Dotcom is at risk of reoffending, given how easy it is to access an internet connection and re-establish the shut down Megaupload site.

However, Dotcom's lawyer Paul Davison QC denied he posed a flight risk, saying Dotcom is "not a person who is inherently motivated to disappear".

Mr Davison said Dotcom's funds have been frozen and his passports seized.

He also told the court that Dotcom's arrest was unnecessarily aggressive and caused shock and anxiety among members of the household.

Prosecutors also revealed that the shotgun found when police raided Dotcom's mansion on Friday was loaded.

Dotcom's defence lawyers countered by saying it was loaded with a rubber bullet, but Ms Toohey retorted that it was also loaded with buckshot.

The weapon in question was modified according to a police arms officer who had seen it.

"It couldn't be cut off any further back because of the position of the magazine," she said. For Dotcom to have a licence for such a weapon it would need a New Zealand permit. The officer thought it unlikely that would happen.

The gun was found in a safe not far from where Dotcom was arrested by police.

Dotcom is a German national with New Zealand residency.

The three others facing charges are Megaupload's chief marketing officer Finn Batato, 38, chief technical officer and co-founder Mathias Ortmann, 40, both from Germany, and Dutch national Bram van der Kolk, 29, who is also a New Zealand resident.

The FBI is working to extradite all four to the United States.

3 News / NZN

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Comments [14]

mary
25 Jan 2012 10:34a.m.

To Anonymous. I think you should have stayed at school longer and got an education. You sound as thick as a plank. I am over 40( as you so kindly point out) and work in IT, but I have never heard such a load of old rubbish in my life. You are an emmbarressment to yourself and yes I agree with the other writers, you probably do live on facebook and tell everyone you communicate with, who by the way are not friends, about your pathetic little life. Grow up missy. It makes me scared for the future of the Human Race when I read what you have written. God help us is all I can say.

ashley
24 Jan 2012 4:07p.m.

Why dont the USA piss off! This is not America, It's NZ. If he hasnt committed crimes against NZ....TUFF. Why are we playing fiddle to the Yanks...go home Yanks

Dotcom rulz
24 Jan 2012 3:50p.m.

I still remember the first time I ever came across Megavideo and thinking omg awesome, how cool is that? And I also remember the day they came up with the time restriction. It's not his fault people misused it, the US are just using him as a scapegoat for the SOPA and piracy crap their government is under pressure for. This guy is amazing! Wherever you are Dotcom, so many people are thankful you came up with a way we could watch our fav episodes even if most of us did curse and have to wait 60 minutes to watch the rest. Hope you find a way out of this!

harriaway
24 Jan 2012 2:14a.m.

whos next Richard Branson ?

newzealandpolisyouUSlackeys
23 Jan 2012 11:24p.m.

oh and Anonymous. you're just a common garden variety arseh0l. cutting off old people's life support? that is stuff we don't do no matter what. get over yourself

newzealandpolisyouUSlackeys
23 Jan 2012 11:21p.m.

erm i bet you've got nazi paraphernalia in your back room out of sight of the velour beige furnishings brass coach lamps and palette knife landscapes. i bet you can't wait for the day when all the internet will be overtly monitored and controlled and you can be a nice little informer for big brother. i'd prefer any kind of anarchy on the net than that scenario. oh yeah i bet your'e in facebook too- giving away all your personal info like the town bike for them to market your own sh1ite back at you

free dotcom
23 Jan 2012 10:38p.m.

Wow nice shock tactics to get the public used to thinking that file sharing is equal to piracy. lol. This guy created a tool that others misused illegally and is being treated as a scapegoat for anti piracy bills in US(worldwide).

john
23 Jan 2012 7:36p.m.

the FBI in this case are totally misleading the court process. New Zealand needs a Ron Paul ASAP >_<

joe fellon
23 Jan 2012 7:02p.m.

Let him alone .How pathetic are yous.

Legend
23 Jan 2012 6:34p.m.

This guy is a legend, living the dream. He hasnt hurt anyone - Leave him alone.

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