Is Mona Dotcom now free to give evidence against Kim? Yes and no

Since news of Kim Dotcom's split from his wife on Saturday night, a number of NBR ONLINE commenter have asked — if Mona Dotcom becomes Kim's ex, is she free to testify against him?

I put the question to a partner at a major law firm.*

"We used to have what’s known as 'spousal privilege' in New Zealand, whereby spouses couldn’t be forced to implicate each other. That immunity was removed in the Evidence Act 2006," he said.

However, spousal immunity still exists in some parts of the world, including parts of the US, where the law varies state by state.

 

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