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Dotcom search warrants were valid - Crown

At the Court of Appeal at Wellington today the Crown is arguing the search warrants used in a raid of Kim Dotcom’s mansion were valid.

LASTEST: Court reserves decision on inaccurate Dotcom search warrants

The lawyer for the GCSB, David Boldt, is arguing to overturn a June 2012 High Court decision which found the warrants used in the January 2012 raid of Mr Dotcom’s Coatesville home were too broad.

Chief High Court judge Helen Winkelmann found the warrants didn’t adequately describe the offences they relate to. The warrants were so broad, they covered relevant and irrelevant material. Warrants could not authorize seizure of irrelevant material, she says in her decision.

The Court of Appeal has previously said Mr Dotcom has the right to sue the GCSB.

Last month, Mr Dotcom lost a bid in the Court of Appeal to add reasons why the search warrants were invalid.

Queen’s counsel Paul Davison, William Akel of Simpson Grierson, Barrister Guyon Foley are representing Mr Dotcom.

Finn Batato, Mathias Ortmann and Bram van der Kolk are additional respondents in the case.

The hearing began today in Wellington at 10 a.m.

sflores@nbr.co.nz

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Comments and questions
11

The same week Dot Com had his residence raided, his assets confiscated and was locked up for what was at best speculative overseas copyright infringement two thugs beat a wellington radio broadcaster to death and were let out on bail, this entire disgusting affair has made a mockery out of our sense of fairness, our judicial system and our woeful inept political leaders, I feel Kim Dot Com is owed an apology and compensation on how poorly he was treated

Well said !
I watch with interest how this latest court case resolves if only to gauge at what level NZ's judiciary are beholden to their paymasters.

"Behind the ostensible government sits enthroned an invisible government owing no allegiance and acknowledging no responsibility to the people. To destroy this invisible government, to befoul the unholy alliance between corrupt business and corrupt politics is the first task of the statesmanship of the day."
Theodore Roosevelt, April 19, 1906

How embarrassing for this saga to continue. The PM no less has admitted the raids were illegal on national television. When will the 'Crown' finally realise it's stance is a joke and 'it' is on a hiding to nowhere. Pay Dotcom, return his stuff, apologise to him, tell the yanks to get stuffed and move on. How much more of this keystones cops can we take?

At the end of the court days, the NZ taxpayers will be footing the hugh legal bills......who will be winning, NZ or USA?

Embarrassments such as this will continue unless a NZ government takes NZ out of the Five Eyes set up, and the boneheads in the GCSB and SIS have fewer toys to access.

Regrettably (on other counts) that would require a Labour-Greens coalition government. The Greens would have to have made withdrawal a precondition of entering the coalition, and Labour would have to have no other choice of scrambling a majority

Why not vote for the Mega party?

Fingers crossed for justice.

Truth will prevail
Kim will rail
And nail
The evil that will fail

From an economics POV
Next asset to go should be 5 eyes bases
Budgets re--allocated to health and education

If the treaty is a contract, why are the Americans not required to fulfill Article Xl and provide the New Zealand legislative, case or common law they bring this matter before a judge in applications to seize and search, sequester plant, private property, business and private funds, and to arrest people? Why would the judges entertain an appeal without first reading the treaty? It seems as if the three are sitting in a car with three steering wheels and ineffective brakes because they all forgot to switch on the motor before heading down a Wellington hill.

"the standard of justice depends on the equality of power to compel and that in fact the strong do what they have the power to do"