Secret policemen's b*llsup – Dotcom court latest

The Crown will today release sanitised details of what happened when armed police raided Kim Dotcom's rented Coatesville mansion in January, where he was found locked in a safe room with a loaded gun.

Lawyers for Mr Dotcom are in the Auckland High Court this week arguing the police raid on the house was unreasonable.

The broad details of the raid have been known for some time; heavily armed police were dropped into the property by helicopter and in gung-ho fashion they scoured the property for the alleged internet pirate.

However, secret details of the raid which explains the timing of events, are about to be released.

The Crown has told the court it will allow a transcript of the police radio audio during the raid to be published tomorrow, with references to names, codes and call signs blanked out.

The public also won't get to see what's inside a blue-coloured secret police folder referred to in court, which contains documents relating to the "operational planning" of the special tactics group (STG) and which the Crown wants kept secret.

Yesterday 1pm:

Kim Dotcom assumed a helicopter which landed on his property early on January 20 was bringing guests he was expecting to join him for his birthday that day.

It wasn't unusual to hear a helicopter on the Coatesville property, and Mr Dotcom has told Auckland High Court the sound did not give him reason to suspect anything unnusual that morning – even though it was unnusual that the aircraft would land on the loose limestone-covered courtyard.

"But then I heard pinging of rocks, stones to my bedroom window," Mr Dotcom told the court.

"Shortly after I heard heavy banging on my door."

Giving evidence for his challenge to the lawfulness of what turned out to be a police raid on his home that day, Mr Dotcom recalled to his Queen's counsel Paul Davison how he then made his way to his "red room" or "safe room", where he could "defend himself if necessary".

That was where police found him and arrested him on a US-issued warrant for his extradition to America, where the government wants to charge him with copyright infringement, money laundering and racketeering relating to his Megaupload website.

Search warrants executed by police at the property that day have since been found by Chief High Court Judge Helen Winkelmann to be unlawful.

Under examination by Mr Davison this morning, Mr Dotcom – dressed in his signature black T-shirt, scarf and baggy black pants – demonstrated a sharp recollection of "very dramatic" events of the day.

"Our beautiful home was turned into a haunted house," he said. "Life is not the same after what happened."

Mr Dotcom said threats made against him and his family in the Phillippines, where they previously lived, had meant he felt a much greater need for security at his home.

Whenever something unnusual occurred which could be seen as some form of attack, he would activate an alarm and make his way to red room – a proceedure pre-determined by his security team.

Mr Dotcom said by the time he reached his red room he realised police were on the property because he had heard cries of "police".

He said he had access to a firearm in the red room – loaded to first fire two rubber bullets before firing lethal ammunition.

The Crown's allegation he had refused to adhere to police instructions and put his hands on the ground was not correct, he said.

Mr Dotcom demonstrated from the witness box how his hands were extended to the sides of his body, in surrender, when police entered the red room.

After police entered, Mr Dotcom said he received a punch to the face, was kicked to the floor and a police officer stood on his hand before both hands were secured behind his back.

"I was screaming and I was in pain," he said. "I told them there was no need for punching me or hurting me and please stop."

Cross-examined by Crown lawyer John Pike, an at times combative Mr Dotcom said such dramatic action could have been avoided at his home that day.

Police, who Mr Dotcom said followed him home from a recording studio at 4.30 that morning, could have instead stopped him at the gate of his property, he said.

Mr Dotcom said he would have let police on to the property to execute the search warrants without force.

"If someone had knocked on the door and said they had a document with charges I would have let them in."

Mr Dotcom said it was not his decision to display a notice in the gatehouse on the property that said "do not let police in".

His security team were professionals and he did not tell him how to do their job, he said.

Yesterday 10.40am:

Crown wants Dotcom raid footage supressed

The Crown wants to suppress publication of CCTV footage of the police raid on Kim Dotcom's rented Coatesville mansion.

Chief High Court Judge Helen Winkelmann made an order for interim supression of the material, which means it cannot be published or described in media reports.

The footage will be shown today at Auckland High Court, where Mr Dotcom is challenging the reasonableness of the police during a search and seizure operation carried out at his home in January.

Crown lawyer John Pike said the footage might identify members of the special tactics group of the New Zealand Police, or disclose the group's operational tactics.

Suppression of related written documents of the police was also sought.

Mr Dotcom's Queen's counsel Paul Davison opposed blanket supression of the material, saying it wasn't anything that would not be seen in any Hollywood movie.

Members of the media argued there was overwhelming public interest in the material – documenting a "highly unnusual" police operation that had not been seen before.

The Crown is due to make a formal order for full supression of all the material tomorrow.

Mr Dotcom is in court and will be called by his lawyer to give evidence about his use of firearms this morning.

Yesterday 9.40am:

The reasonableness, or otherwise, of the actions of police when they raided Kim Dotcom's rented Coatesville mansion in January will be tested in court today.

Chief High Court Judge Helen Winkelmann earlier ruled the warrants police used to seize Mr Dotcom's property were unlawful.

Mr Dotcom's lawyer Willie Akel told NBR ONLINE today's hearing at Auckland High Court is a continuation of that finding.

"Justice Winkelmann now has to consider the reasonableness or otherwise of the actual search and seizure," Mr Akel says.

Evidence will be given over the three-day hearing, after which Justice Winkelmann will make orders.

He says the hearing will include argument on what remedies are owed to Mr Dotcom if the search is deemed unreasonable.

The Crown earlier indicated it will appeal Justice Winkelmann's decision that the search warrants were unlawful.

Mr Akel says that probably won't be the Crown's only appeal.

"Once the Crown has appealed that, and assuming Justice Winkelmann makes certain orders with regard to remedies I assume the Crown will appeal that as well.

"The fact they have said they're going to appeal doesn't affect this hearing."

The US wants to extradite Mr Dotcom so it can charge him with copyright infringement, money laundering and racketeering relating to his Megaupload website.

His extradition hearing was due to start this week, but has been delayed until March next year. Tomorrow, the Crown will release details of what happened when armed police raided Kim Dotcom's rented Coatesville mansion in January, where he was found locked in a safe room with a loaded gun.

Lawyers for Mr Dotcom are in the Auckland High Court this week arguing the police raid on the house was unreasonable.

However, secret details of the raid which explains the timing of events, is about to be released.

The Crown has told the court it will allow a transcript of the police radio audio during the raid to be published tomorrow, with references to codes and call signs blanked out.

The public also won't get to see what's inside a secret police folder, the colour of which cannot be revealed.

Caleb Allison and Georgina Bond
Wed, 08 Aug 2012

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Secret policemen's b*llsup – Dotcom court latest