Saturday, 13 January 2024
KaitaiaWhangareiDargavilleAucklandThamesTaurangaHamiltonWhakataneRotoruaTokoroaTe KuitiTaumarunuiTaupoGisborneNew PlymouthNapierHastingsDannevirkeWhanganuiPalmerston NorthLevinParaparaumuMastertonWellingtonMotuekaNelsonBlenheimWestportReeftonKaikouraGreymouthHokitikaChristchurchAshburtonTimaruWanakaOamaruQueenstownDunedinGoreInvercargill
NZ HeraldThe Northern AdvocateThe Northland AgeThe AucklanderWaikato HeraldBay Of Plenty TimesRotorua Daily PostHawke's Bay TodayWhanganui ChronicleThe Stratford PressManawatu GuardianKapiti NewsHorowhenua ChronicleTe Awamutu CourierVivaEat WellOneRoofDRIVEN Car GuideThe CountryPhoto SalesiHeart RadioRestaurant Hub
Voyager 2023 media awards
Subscribe
Advertisement
Advertise with NZME.
Home / New Zealand / Crime

Dotcom: FBI must prove its case

David Fisher
By
David Fisher
16 Aug, 2012 04:00 AM3 mins to read
Saveshare

Share this article

facebookcopy linktwitterlinkedinredditemail
Kim Dotcom. Photo / Supplied

Kim Dotcom. Photo / Supplied

Kim Dotcom's extradition has become less certain after a judgment which will see the FBI having to prove it has the evidence to back up its charges - and a finding the legal document asking he be sent for trial in the United States did not comply with the law.

The ruling came on a day in which Dotcom went back to the High Court to again seek access to his restrained funds - this time to pay lawyer's bills which he has said now worth millions of dollars.

The judgment followed moves by the Crown to have a judicial review into an order which forced an extensive release of evidence in the case. The order, by the district court, ordered the FBI to produce some of the evidence it held against Dotcom so it could be tested during the extradition hearing.

It was challenged to the High Court, which has upheld the earlier finding. The decision by chief high court Judge Helen Winkelmann today is the final decision in an argument over whether the extradition hearing would test some of the substance of the FBI's claims to be probed. Crown Law had maintained it was a limited process while Dotcom has argued he should be allowed to challenge the FBI case.

Advertisement
Advertise with NZME.

The internet tycoon denies charges of criminal copyright violation, conspiracy and money-laundering in relation to his Megaupload filesharing website, which once carried 4 per cent of the world's internet traffic.

Justice Winkelmann said the role of the extradition court was "modest" and the process could not take over the role of the trial court. But she said it had the same character as a committal process which would see evidence in New Zealand criminal courts weighed before proceeding to a full trial. As part of that process, she said it was open for the defence to present its own evidence, test the prosecution's claims and to examine witnesses.

She also found the "Record of Case", the document which made the argument for extradition, did not currently meet the legal requirements. She said the FBI was under an "obligation of candour" to provide any evidence which could impact on the court's judgment of whether the extradition threshold had been met - and no information had been provided to support FBI claims. The document "did not comply", she said.

Justice Winkelmann said Dotcom had a legal right to see the evidence on which he was to be extradited. Without it, she said someone in his position would be "significantly constrained" in participating in the extradition hearing and the United States - in this case - would have a "significant advantage" by having access to the evidence.

Advertisement
Advertise with NZME.

Related articles

New Zealand|Crime

Dotcom raid: Police concerned about looking 'heavy-handed'

08 Aug 05:22 AM
New Zealand

'Pathetic' police response to Dotcom medical issue

09 Aug 12:28 AM
New Zealand

Dotcom and the 'doomsday device'

10 Aug 05:30 PM
New Zealand|Crime

Dotcom accused of assault - with his stomach

13 Aug 05:30 PM
Saveshare

Share this article

facebookcopy linktwitterlinkedinredditemail
Advertisement
Advertise with NZME.

Latest from New Zealand

New Zealand

Police appeal for couple amid concerns for ‘missing’ swimmer

13 Jan 02:45 AM
live
New Zealand

Here comes the bride! Ardern and Gayford's wedding starts; Hipkins among guests

13 Jan 02:33 AM
Premium
New Zealand

'My life thru jail bars' - Auckland double killer's prison Instagram revealed

13 Jan 02:17 AM
New Zealand

'Good Samaritan' steals e-scooter

“Never been a better time to buy an EV”

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Police appeal for couple amid concerns for ‘missing’ swimmer

Police appeal for couple amid concerns for ‘missing’ swimmer

13 Jan 02:45 AM

Mystery surrounds fate of man seen jumping into water.

Here comes the bride! Ardern and Gayford's wedding starts; Hipkins among guests
live

Here comes the bride! Ardern and Gayford's wedding starts; Hipkins among guests

13 Jan 02:33 AM
Premium
'My life thru jail bars' - Auckland double killer's prison Instagram revealed

'My life thru jail bars' - Auckland double killer's prison Instagram revealed

13 Jan 02:17 AM
'Good Samaritan' steals e-scooter

'Good Samaritan' steals e-scooter

9 big questions over an EV road trip
sponsored

9 big questions over an EV road trip

NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to Herald Premium
  • Subscribe to the NZ Herald newspaper
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
  • Bundle subscriptions
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • What the Actual
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven CarGuide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2024 NZME Publishing Limited
TOP