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Why Dotcom’s extradition hearing has been delayed

Kim Dotcom’s lawyer says it was his client who sought a delay to his extradition hearing to get more information for his defence.

The US Government wants to extradite the Internet Party founder to face charges of copyright, conspiracy, racketeering and money laundering allegedly carried out by his company, Megaupload.

Paul Davison QC says late last week District Court Judge Nevin Dawson deferred the hearing which set for the end of this month. It is now to take place mid-February 2015.

Mr Davison says the District Court allowed the delay for two reasons; first to hear a judicial review case Mr Dotcom has launched, and second because Mr Dotcom needs access to his computer and clones of it before the hearing.

The judicial review proceedings are to be held in the High Court in November and review a District Court decision which directed various government departments not to provide Mr Dotcom with documents which the Mr Davison says are need for his client to be able to contest the extradition.

Mr Dotcom still has not had access to his computer and clones of information, which were taken during the raid of his mansion in 2012, Mr Davison says.

Chief High Court Judge Justice Helen Winkelmann ruled last Wednesday Mr Dotcom is entitled to clones of computers seized at the raid and confirmed the US agencies are not entitled to encrypted codes that the NZ Police used to examine the computes.

Mr Davison says it is fundamental his client have access to his own computers to contest the hearing. He says otherwise Mr Dotcom won’t have the same information the FBI may use in its case against him.

“It would be the most profoundly unfair scenario and quite contrary to any notion of justice as we understand it in this country.”

“Yes, Mr Dotcom is seeking to delay but only because he is being denied access to what is necessary to defend himself. And no one can make apology for that.”

Last month the entrepreneur offered US$5 million for whistleblowers who could help his case.

The German Enterpreneur is no stranger to the courts, he is also the plaintiff in a civil suit for $6 million against the GSCB and other parties for actions during the raid. That suit is still in pre-trial stages.

Mr Dotcom and associates are also being sued by Hollywood Studios such as Disney, Twentieth Century Fox, and Universal Studios in US District Court for running an online hub for copyright infringement.
 

vyoung@nbr.co.nz

More by Victoria Young

Comments and questions
15

its time for him to go.. Or at least get out of the media.
No body in NZ has sympathy for him with the way he has become so attention seeking.

Time to go bro, take Hone and Lilla for company.

Ugly comments from people who would squeal like stuck pigs if done an equivalent injustice. I don't like Dot Com but the law is meant to protect all from the grasping hand of corrupt foreign agencies (The Americans)

The real reason his extradition's been delayed is that he's praying for a left-coalition government, with at least 3 Mana-Internet MPs. He will then be legislated into security and NZ will face yet another dilemma of his self-serving and fraudulent practices. 10/10 for cunning and effective corruption of our judicial system though.

Everyone has a right to a fair trial - otherwise what sort of country do we live in???

I think some clearly miss the reality of that point! .... but well said better to have intelligent comment than attack...

He is busy delaying facing that trial...

They are, and his fair trial will be held in the US, he is trying to hold it here.

He is trifling with the court system to avoid extradition, if he is as innocent as he claims he should truck along to the US and defend himself, instead he is playing for a new government.

No - he is championing a greater cause in abuses of national security and privacy, which trumps his theft in movie downloads.

You have to look at the whole picture.

I believe we are only just beginning with the Dotcom show down.

If you believe he's doing it for moral reasons you'll believe anything. Where was his morality when he was denying artists and distributors $400m of hard-earned royalties ? This man in a complete scandal, and I'm afraid to say Prince William, you've been scammed , both morally and psychologically.

Phew, reading this headline I though he might have crushed poor Danielle and hence couldn't leave

He says he's innocent. Then it shouldn't be too difficult to go to America and prove it, right? So why are you delaying that day then, Dotcom? The sooner you front up to a US Federal Court the sooner you can walk free and put all this nasty business behind you. And think of all the money you'll save. So what's stopping you?

I believe there is some doubt over the probity of the American case. Under hand and dodgy tactics from the US side is the plain version I think.

That may or may not be the case from the FBI and the US Department of Justice, but such an allegation has nothing to do with the US Federal Courts, who will ultimately rule on this case and who are completely independent of the former two branches of the Federal government. Let Dotcom argue his case before the Justices where he will readily be able to establish his innocence and prove that both the FBI and the DOJ have got it all wrong.

I think you could make a case forDotcom voluntarily returning to the US to face his charges - especially if he cut a deal where he was guaranteed to be free on bail ahead of the trial.

The case would be very closely watched, and Dotcom well resourced for lawyers, so I see little chance for the prosecution to screw through an unfair result.

Dotcom would also have a bigger stage for discussing the issues around his case and, more broadly privacy and security issues as a whole.

He would also get a chance to push Mega and Baboom in the world's biggest market (where Dotcom and the companies he's founded still get coverage in the likes of Wired, but have been forgotten by the New York Times and other mainstream media).

He could also face down the action brought by the MPAA (Hollywood) and the RIAA (record companies). And, at the end of the day, it's only a civil suit. He's only at risk of losing some of his money, not getting locked up at Guantanamo Bay.

It almost certainly won't happen. Dotcom will argue Joe Biden and Hollywood secretly control a corrupt court system or whatever. But there will be a few Mega and Baboom managers who're maybe day dreaming about Kim making the move, and putting himself back in the spotlight and his startups back in the conversation..