FBI must hand over Dotcom evidence – judge
The US government has been ordered to let Kim Dotcom see the evidence it holds against him relating to his extradition.
In May, Judge David Harvey had ordered disclosure of the documents but this was challenged by the Crown, acting on behalf of the FBI.
Chief High Court judge Helen Winkelmann later granted the Crown a judicial review into the matter.
Justice Winkelmann has released her decision on that review today, in which she says Mr Dotcom is entitled to see the evidence if he is to get a fair hearing.
The Crown argued that under US law it did not have to hand over disclosure documents.
However, Justice Winkelmann's decision says Mr Dotcom would be "significantly constrained" in his ability to participate in the extradition hearing without disclosure.
The extradition hearing was due to take place earlier this month but this has been delayed until March.
Meanwhile, Mr Dotcom's lawyers have been back at the Auckland High Court today trying to get some of his funds unfrozen so they can be paid.
They say the legal bill is already approaching $2.5 million after "non-stop" court appearances since Mr Dotcom's arrest in January.
RAW DATA: Read the judgment
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Comments and questions37
FBI firmly stuck in reverse gear - will any part of their case hold up?
(To answer my own question: any part that is heard in the US of A. Wouldn't be in any hurry to submit to that myself).
If the competence of Crown Law is anything to be going by so far I can only wonder if Dotcoms 'frozen funds' have been invested prudently such that the dubtless pending damages claim can be a little mitigated.
"The Crown argued that under US law it did not have to hand over disclosure documents" Do they realise NZ is not part of the USA ? Even though they act like it is!
If the Crown realized that NZ was not part of the USA, the raid would never have happened in the first place.
If NZ was part of the USA DotCon would never have got into the country and John Banks would be in jail
Kim Dotcom for Mayor
- I'd gladly swap my Watercare rate increase to defend this man. At least I'd feel I'd be seeing some justice instead of jaundice.
Helen for PM.
H1 or H2 ? either way, enjoying NY too much.
Helen for PM- Is that Post Mortem?
This has been a windfall for the lawyers, they are just lapping it up, hoping it never ends.
QC Davison, is doing a very good job for Dotcom and what's the problem if Dotcom is paying his own legal bills. Ask yourself who is paying for Crown Law and Police legal bills? tally up costs of 2 helicopters, 30 police officers including STG forces, dogs, vehicles, staff back at HQ where live video of raid was fed back to and all fail to find an imaginary doomsday gadget. What cracks me up is, our officers had the manpower, the tools & equipment, the moves, the dogs, tackled and restrained guards and if it weren't for one of the guards taking them to the unlocked door of the red room, who knows how long it would have taken our officers to find Dotcom...certainly not 15 minutes as the dumb waiter still wouldn't talk after being bashed lol
You can guarantee that the NZ Govt is also spending millions of dollars persecuting someone who has never harmed any New Zealander and has broken no law that could be prosecuted in New Zealand.
You can also guarantee that the US love this as it doesn't affect any American, protects their interests and makes good their paid-for promise to the US recording industry to go hard on online piracy.
I will be so pissed of if we don't get a great Free Trade Agreement out of this.
Oh those poor lawyers and poor Dotcom they really must be down to their last dollar.
I have a good idea, why don't they just flog off some else's property for some spare cash?
Oops, sorry, I forgot!! that's what he's there for!!
Silly me.
If Dotcom wins the case, it will be NZ public assets flogged off to pay for Crown Law and Police incompetence...Dotcom can say "yeah I'll have some Air New Zealand shares and some Mighty River Power for now, you can keep Kiwibank I'm not after the small change" lol
All the more reason to get rid of this criminal while we've got the chance - all power to the lawful authorities.
Hitler was a "lawful authority". Facism is not illegal, doesn't make it right.
Cheer on pigs, you'll get yours when the time comes.
If calling Dotcom a criminal floats your cabbage boat, then so be it, because senior officials in this country were aware of his criminal background and wealth before running to his house with the NZ residence stamp. That's all good, we need his 10 millions ka ching in government bonds, his brains, more wealth, more success and the respect he has in the IT community worldwide. So If Dotcom goes you will fill that gap huh...I DON'T THINK SO!
Crown Law should have treated this case as a civil matter, like Apple vs Samsung, then there would have been no Rambo style Police raid on Dotcom's mansion. The people opposing Megaupload will then have to pay their own legal bills and not burden US & NZ taxpayers. Why weren't police in the USA raiding Samsungs offices, when Apple accused them of stealing their designs? Someone has convinced the FBI that they should do the private sectors work for nothing. Poor NZ taxpayers used and abused. This money could have been used on our Christchurch earthquake victims :(
The cops were just itchin' to cut loose with all their props.
Malcolm Burgess should be investigated for corruption, treason, and a massive overstepping of his authority. He was the OFCANZ offical that started the case against Kim.Com and in a different function the one who signed off the military raid of a private citizen.
He should not be a public servant any longer he clearly has lost his way
Great - the disclosure decision has finally been made and it is time to show this convicted criminal, now known as "dotcom", exactly why the authorities want him back in the US.
Excellent - the sooner it is done the better and then we can get rid of this modern day fraudster. He will be able to come up with another weird alias while he is sitting in a US jail. Good !
You not using your real name now John lolol
Hey Kim, Crown Law Office needs a theme tune. How about recording one for them - maybe a re-worked version of AC/DC's "I've got big balls"?
You're so wrong punk. Surprised there are others that support private property rights?
Another surprise for you. NZ is a property owning democracy and if you don't like it, p*ss off to Cuba where you belong and take that idiot Dotcom with you.
reply to #18
Sounds like dotcom's $13.00 per hour cleaning staff are concerned about their future employment? They have every right to be worried because when he is finally extradited to the US to face criminal charges they will all be unemployed.
Be under no illusions- the fraudster called dotcom is off to the US one way or another and this country will be far better off once he has departed - hopefully in handcuffs.
One less fraudster for us to worry about.
Did he actually defraud you?
I don't think John Morrison has much intellectual property to protect.
Totally agree, I think John Morrison needs some grey matter between his ears and some serious visioning of his life and retirement in this country. Let me put it bluntly - John stop talking to the mates in your head and try thinking before talking... might make a difference your world mate!
I've an idea:
Kim Dotcom changes his name by deed poll to Stewart Murray Wilson and we let the yanks have him. Two birds?
Idle hands! Need something - http://www.abc.net.au/news/2012-08-13/mortgage-broker-blows-whistle-on-big-banks/4195920
WOW!!!
And now bit of light relief?
http://www.abc.net.au/news/2012-08-16/reviewing-australias-performance-with-clarke-and/4204232
Gumboots!
Difficult for the FBI to had over the evidence when they don't appear to have any.
It should have been dealt with as a civil mater by NZ Courts
The warrant should not have been issued without reasonable grounds only allegations were provided. The warrant was too wide , the evidenc eimproperly obtained and thus can not be used. mere allegation might have worked to justify an invasion of Iraq but it shouldnt have. The real issue is did our legal system do its job correctly ?, Did the FBI provide evidence justifying the search warrant ?: Ans NO in both cases.
Dotcoms guilt is irrelevant to lawful due process, USA has forgotten about an individuals Civil rights and due process, Corporate interests are more important than due legal process as evidenced by Iraq invasion and Dotcom Lets hope our Courts havent forgotten The Importance of the rule of Law As USA seems to have
what about banks ?
Keep Dotcom here, since he can recall everything about helicopters and donations. Send Banks off to Cuba on his cabbage boat to sell cabbage in a banana republic . Hope the US navy don't raid Bank's boat looking for copyright Cuban cigars lol