Kim Dotcom could get the chance to tell the court what happened at his house when police landed in helicopters with search warrants.
Dotcom is back at the High Court at Auckland this morning where arguments about the police raid on his $30 million mansion have been heard.
In a decision from the court last week, Chief High Court judge Justice Helen Winkelmann found that search warrants used in January's raid were invalid because they did not adequately describe the allegations against the internet multi-millionaire.
She said the warrants, issued by the District Court, gave police authority to seize too wide a range of items.
However, Justice Winkelmann said a resolution was to be decided by lawyers from both sides.
Crown lawyer John Pike told the court this morning that affidavits from the police would need to be taken about the search of Dotcom's property.
"The reality of the case is that all of these areas are breaking new ground,'' Mr Pike said.
Dotcom's lawyer Paul Davison QC said he suspected the evidence from police would be "controversial'' to his client.
He said he may need to cross-examine the police.
Mr Davidson said his client had clear views on the police raids and would want to be heard.
He said Dotcom wants his computers which are not relevant to the case returned.
The court has previously heard the police took 135 hard drives and computers, including the computer which operated the mansion's security system.
Dotcom and Finn Batato, Mathias Ortmann and Bram van der Kolk were arrested in January after a request for assistance from the FBI.
The United States claimed the men were behind the world's biggest criminal copyright violation through Dotcom's filesharing website Megaupload, which carried about 4 per cent of the world's internet traffic. The men deny the charges.
A further hearing on what evidence should be disclosed to Dotcom's lawyers ahead of an extradition hearing next month is now taking place.
- APNZBy Edward Gay @edwardgay Email Edward