Setback for Dotcom after US evidence ruling U-turn
Kim Dotcom’s fight against extradition to the US has been set back today after the Court of Appeal in Wellington threw out a ruling previously in his favour.
That relates to a district court decision to force the US government to hand over the evidence supporting its internet piracy case against Mr Dotcom, founder of the Megaupload websites.
The Court of Appeal overturned that decision this afternoon.
In doing so, Justices Terry Arnold, Ellen France and Christine French have allowed the US government’s appeal against that ruling, requiring the FBI to show detailed proof of its allegations against Mr Dotcom. Now, it only has to show a summary of its case.
In their 49-page judgment released this afternoon, the judges say extradition hearings are not the same as full trials and did not require the same level of detail. The judge hearing the extradition simply had to be satisfied that there was a case to answer.
Mr Dotcom’s lawyers are reported to have said an appeal to the Supreme Court is being considered.
Mr Dotcom was arrested during a police raid at his mansion in Coatesville, north of Auckland, on January 20 last year. His assets remain frozen since that date.
A date for his extradition hearing has not been set.
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Comments and questions13
This breaking news has just hit the media and congratulations to the NBR for actually naming the 3x justices responsible for furthering this disgraceful debacle against Dotcom, unlike other media reports I am reading.
This is a great example what a lottery it is walking into a New Zealand court.
Exactly so !
I'm certain the old boys club is still trying to gloss over some scuttlebutt when you see who the judges are.
Wasn't at least one of them involved in something a tad awkward a ways back?
I have no faith the next batch of judges can or will deliver justice either.
In the circles these nobs move, everything is all just all far too cosy and political.
The tide is turning. It will be great news for content creators once this greedy thieving opportunist is extradited.
Doesn't matter about if he's guilty or not, the fact he can't defend himself with his own documents is the problem.
The US isn't the land of the free, it's the land of who you know.
Appears NZ following US - not "land of the free"!
Dotcom doesn't have access to his OWN RECORDS!
I hope they appeal to the supreme court.
and how easily everyone forgets that he has been robbed of all his wealth and is defending himself (and living expenses) on the largess of his own money freed up in dribs and drabs by the very courts hearing his case. No wonder the average kiwi considers him a folk hero as its plain the man is being given a b*m steer by Hollywood and JK's mates.
So far we have the opinion of five judges in this matter to date. Two have opposing views to the other three. Regardless of whether they are District or, High Court judges or Appeal Court judges, they should all be familiar with th fundamental tenet of law called 'natural justice and a defendant's right to know of the evidence against him. The political pressure upon the Supreme Court to find in favour of the Crown in this matter will be intense, and if I were a betting man they will dismiss any appeal by Dotcom in the matter
Paul Marsden
Nice post Paul. I think this will be another example of how ill we were served when Labour denied final appeal to Privy Council; and if for no other reason than your question can be reasonably raised, while Privy Council always null and voided that suspicion.
Mr Marsden you say: "and a defendant's right to know of the evidence against him."
Anything else should be considered uncivilized.
You say: "The political pressure upon the Supreme Court to find in favour of the Crown in this matter will be intense"
Let see what the newly formed New Zealand Supreme court do? Thanks.
You need to appreciate, that the judges are the defacto servants to the government of the day. Who pays the piper, calls the tune.
Extradition law is not about whether you are guilty or innocent, that would be a matter for the US courts. All the New Zealand courts need to be satisfied of is that there is a prima facie case against Mr Dotcom. In that regard, disclosure of all relevant materials is unnecessary. With due respect to Judge Harvey and Justice Winkelmann, the appellate court got it right. International notions of comity prevail. That is not to say I personally agree with a man being extradited in this fashion, but rather that the law permits him to being extradited in this fashion. The US justice is not nearly as bad as it is made out to be by those uninformed, whilst America was creating legal doctrines for scores of years New Zealand was frankly primitive (legally speaking). Even now the lack of Constitutional rights is a glaring deficiency. Besides, no poster here has read the indictment, considered the evidence provided by the United States, etc. so anyone saying he will have an unfair trial is frankly speaking of wilful ignorance (and apparent anti-Americanism).
@Frank Deliu you say: " With due respect to Judge Harvey and Justice Winkelmann, the appellate court got it right".
That is your opinion. With due respect to the appellate court, Judge Harvey and Justice Wwinkleman got it right.
You say: "Besides, no poster here has read the indictment, considered the evidence provided by the United States"
How can you assume that no one has read the indictment? and of which evidence are you referring to? If it is so overwhelming why so much secrecy?
You say: " (and apparent anti-Americanism)."
That is a cheap shot Sir, and not true. Thanks.