Independent legal opinion on the Dotcom decision

Author Nicky Hager holding the proof of having created a commercial product from my property.

Rick Shera writes

Apart from the overall decision itself that the appellants are eligible for extradition, a few very interesting things that leapt out:

  • We’re already starting to see the impact of the Supreme Court’s decision in Dixon (Dixon v R [2015] NZSC 147), that digital files are property. With that finding in hand, it now becomes a simple matter to find that “property”, when referred to in any provision of the Crimes Act, refers to digital material. So, in Dotcom, the High Court finds that the there would be a prima facie case under New Zealand law that the appellants have obtained property (the alleged infringing copies of films) by deception under section 240 of the Crimes Act 1961 and therefore that that provides a “pathway” for extradition. One wonders how long it will be before we see a civil action for conversion of digital files.

Digital files being property will be very useful in any future legal encounters where I get to question Mr Hager on the use of stolen property. ? And then making money from it. ? Read more »

Kim Dotcom uses the Sharia Law defence


Kim Dotcom has never been a critic of Islam or Islamic nations but this tweet is designed to elicit sympathy and emotion for his situation so he unashamedly makes the comparison.

The first point I will make to challenge his clever comparison is to ask where did the ” affair ” occur? If it occurred in New Zealand then no law has actually been broken even if he is a Saudi Arabian citizen. Did Kim Dotcom run the first Mega from New Zealand? Did he do all the things he ” allegedly ” did from his home at the Dotcom Mansion?

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Listen up fatty, give up already, you’re going sooner or later

Kim Dotcom thinks he’s winning. But the Crown had a message for him yesterday:

Evidence that Kim Dotcom was not allowed to present at his extradition hearing would not have helped his case anyway, the Crown says.

Mr Dotcom and his three co-accused – Bram Van der Kolk, Matthias Ortmann and Finn Batato – are appealing a North Shore District Court judgement ruling them eligible for extradition to the United States.

The US wants to extradite the men to face criminal charges of money-laundering and copyright breaches related to the defunct file-sharing website Megaupload.

At the beginning of the appeal, which is taking place in the High Court in Auckland, the men’s defence lawyers said the district court judge failed to keep an open mind and give meaningful consideration to their arguments against extradition.

Mr Van der Kolk and Mr Ortmann’s lawyer, Grant Illingworth, told the High Court that, crucially, the court had not let the men present evidence of unlawful US behaviour.

“[That includes] a massive search and seizure, manufacturing a situation of urgency in order to get procedural shortcuts … covering up the unlawful activities that preceded the [arrests], downstream attempts to cover that up including a police officer giving incorrect information to this court, [and] unlawfully sending clones of hard drives overseas.”

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The only retrospective legislation I’d support

It has been?recommended?the?government overhaul extradition law to simplify the process of getting rid of ratbags who are wanted in overseas jurisdictions.

Imagine a high-profile extradition case of a foreigner accused of a crime that didn’t involve millions of taxpayers’ dollars and years of wrangling in the courts.

The Law Commission, which has been wrestling with this under the shadow of the Kim Dotcom case, has arrived at its recommendations, which were tabled in Parliament yesterday.

The commission was coy about the cost savings, but it promised extradition battles could be shorter and more clear-cut, in line with a worldwide trend.

The numbers were not huge – 70 extradition requests from other countries in four years, and about 40 from New Zealand to other countries.

However, the sums and delays could be large – for example, tens of thousands of Crown Law hours on the Dotcom extradition case, multi-millions of dollars all round, and the appeal against extradition yet to be heard, and due in August. ? Read more »

Why Dotcom never expected to win

Whaleoil reader and commenter Jimmy has gone where others don’t dare and read the actual judgement for us.

Well, my light and fluffy reading over Christmas was to chew my way through the Judicial Judgement relating to Dotcom.

I admit to falling asleep a couple of times but I managed to get through it all.

Points which stand out:

1 In most judicial decisions you tend to get the Judge summing up the evidence offered by both sides then they discuss the finer points of the law relating to the matter and this leads to a logical judgement in the matter.

2 What is completely lacking is any offered evidence from Dotcom’s lawyers of any evidence which would point to them being innocent (i.e. innocent explanations for all the copyright material on MegaUpload etc.) but there isn’t any.

3 The only focus by the defence is trying to argue for stays based on obscure arguments relating to not being able to pay for foreign experts and grizzling that the time allotted to prepare for the extradition hearing wasn’t long enough.
These were legal fluff batted away easily by the Judge.

4 The extensive list of documented evidence listed in the Applicant’s case that pointed towards Dotcom’s and his mates being guilty of the charges they are being extradited for. Read more »

The Dotcom extradition special post

Right, now we know his time is limited we need to set about having an extradition party.

But to celebrate this judgment, forgive me if I don’t just enjoy myself a little bit.

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Judge Dawson: The “overwhelming preponderance” of evidence against the men established a prima facie case

Judge Nevin Dawson has delivered his verdict and decided that Kim Dotcom should face extradition to the US.

Predictably the left-wing has unhinged itself claiming all sorts of conspiracies, but the Judge has seen through all that and booted him.

Ironically those wailing the loudest are those formerly on his payroll.

Kim Dotcom should be sent to the United States to stand trial on criminal charges, a New Zealand court has ruled.

In a decision delivered in district court this afternoon, Judge Nevin Dawson ruled the internet entrepreneur and his three co-accused – Mathias Ortmann, Bram van der Kolk and Finn Batato – were eligible for extradition to the US.

The FBI had been seeking their extradition on charges of copyright infringement, money-laundering and racketeering related to the now-defunct file-storage website Megaupload.

It was a result the Megaupload founder has been trying to prevent since his 2012 arrest during a dramatic raid on his mansion north of Auckland.

During a 10-week court hearing that ended last month, the men’s lawyers argued Megaupload was created simply to allow people to store and share large files. ?? Read more »

[CLOSED] Kim Schmitz / Kim Tim Jim Vestor / Kimble / Billy Bigsteps / Kim Dotcom- The Verdict: EXTRADITION


Forgive us if we take today’s announcement a little personally. ?Whaleoil was a lone voice for a long time before the scales fell from the eyes of people drunk on his money and extroversion. ?He’s rotten to the core. ?We had the inside information, but it took a long time for people to choose to see. Read more »

Good things come to those who are prepared to stick to the job for the long haul


Do I look good in Orange?

Tick tock, we are now all waiting with bated breath.

The wheels of the justice system grind slowly, and occasionally slip a cog, but on the whole those who are willing to submit to the complete process get what they deserve.

A judge is set to deliver his decision on whether Kim Dotcom and his associates are eligible for extradition to face charges in the United States.

The German-born internet mogul and his former business associates – Mathias Ortmann, Finn Batato and Bram van der Kolk – are accused of making US$175 million (NZ$257 million) from what US authorities say is a criminal conspiracy based around file-sharing website Megaupload. ? Read more »

And now we wait…

Get used to Orange fatty

Get used to Orange fatty

Kim Dotcom’s time-wasting to prevent extradition is almost at an end. The case has now been heard and the judge must go away and decide whether or not he can extradited.

The Kim Dotcom extradition hearing has finally wrapped up – six weeks after it was due to finish.

Now Judge Nevin Dawson has the unenviable task of wading through hundreds of pages of evidence and hours of submissions to make the decision on whether the internet entrepreneur and his three co-accused are sent to the United States to face a trial.

The FBI laid charges in January 2012 when Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato were indicted on 13 charges including copyright infringement, racketeering, money laundering and fraud.If found guilty, the men could face lengthy jail terms.

The German-born mogul was not at Auckland District Court today to see the climax of the case. He tentatively limped out of court yesterday grimacing with back pain after a fall at home and his attendance was excused. ?? Read more »