Kim Dotcom leavnig the North Shore District Court yesterday. Photo / Sarah Ivey
Kim Dotcom leavnig the North Shore District Court yesterday. Photo / Sarah Ivey
What's Kim Dotcom's status right now?
As of yesterday, he was considered liable for extradition. That means the court found there was enough evidence to justify a trial in New Zealand on the charges he faces in the United States -- criminal copyright violation, money-laundering and racketeering. That doesn't meanDotcom is guilty, because the prosecution evidence has yet to be properly tested. This is not unusual as it matches what happens in New Zealand criminal trials. The extradition hearing equates to a "committal hearing" in the New Zealand criminal process, which means the police have to show there is enough evidence to bring someone to trial. In Dotcom's case, as in most committal hearings, the defence does not have much of a chance to argue evidence or make it's own case. That's what a trial is for.
What happens next?
Lots of appeals. The first appeal has already been filed within the 15-day limit allowed for in law. The basis of the appeal has to be on matters of law. The few strands of evidence allowed in the extradition hearing can't be relitigated, and no new evidence can be introduced. It is up to Dotcom's lawyers to argue at the High Court that the judge in the extradition hearing applied the law incorrectly. If the High Court doesn't agree with Dotcom's arguments -- or even if it does -- the case is likely to be appealed to the Court of Appeal and then the Supreme Court. It could take years.
The actual decision on extradition belongs to whoever is Justice Minister. Right now, that's Amy Adams, MP for Selwyn and a lawyer by training. After the court decision, Adams said her role was to see if there were reasons in the Extradition Act that meant extradition should not be ordered. These would include humanitarian and political persecution reasons. Adams says she has yet to consider the case, but her predecessor, Judith Collins, made her feelings clear after stepping down, saying she hoped Dotcom "one day will quickly be extradited".
What's happening in the US courts?
Efforts to strike out the charge foundered after Dotcom and the others were declared "fugitive" and, as such, not entitled to challenge the charges being brought against them until they were in court. The case, which is being heard in the District Court of East Virginia, is on hold while Dotcom and others appeal to the United States Court of Appeals for the Fourth Circuit against the "fugitive disentitlement" ruling. In other civil action, the Hollywood studios have sought seizure of Dotcom's assets, action which is also underway here.
Hong Kong is where the action is likely to be next year. Dotcom's lawyer there, Kiwi expat Gerard McCoy, has rolled back restraining orders and won access to a $50 million pile of cash, which can now be used to find legal and living expenses. Dotcom says he intends suing the Hong Kong Department of Justice for acting on the US restraining order without proper process.
