KIm Dotcom case

Dotcom lawyer: Case being fought by 'ugly tactics'

One of the lawyers for Megaupload founder Kim Dotcom says New Zealand needs to stand up to US agencies.

NZ Herald,

23 May, 2012

Dotcom's lawyers are seeking a judicial review of the legality of the search warrants used by police who raided his mansion on behalf of the FBI.

The US Government is seeking to extradite Dotcom and three New Zealand-based associates on charges including copyright infringement and wire fraud relating to the file-sharing website Megaupload.

Prosecutors allege a "mega conspiracy''.

Dotcom denies the charges and says his website was legitimate.

US lawyer Ira Rothken told Radio New Zealand the case was turning into a "procedural battle, rather than one on merits".

"They're using tactics, rather than substance to try and win the case," Mr Rothken said.

"By going ahead and taking down all of Megaupload and not agreeing to preserve the servers - that to us is a red flag that they're concerned that if we get all the evidence we are going to prevail."

Mr Rothken said New Zealand need to stand up to overseas authorities, such as US Government agencies.

"Our concerns are that the United States will have New Zealand take all the data and all the hard drives that have been confiscated and remove them from the New Zealand jurisdiction, essentially making it so the New Zealand judiciary cannot exercise New Zealand's views, New Zealand's values in fairness and due process, and bring it all over to the United States so that it cannot be used in the extradition hearing."

Dotcom lawyer Paul Davison QC yesterday told the High Court at Auckland Dotcom wanted digital copies of his 135 computers and hard drives to help in the defence of his case and that was his right under common law and the Bill of Rights Act.

Justice Helen Winkelmann yesterday queried what the police were authorised to take under the search warrant.

"They were clearly entitled to search and seize evidence in relation to the copyright but that did not give them carte blanche to take everything.''

From Radio New Zealand

UPDATE:

Dotcom in tears as police raid recounted

Internet millionaire Kim Dotcom fled in tears following a dramatic session at the High Court in Auckland today.

Stuff,

23 May, 2012

Proceedings became too much for the piracy-accused as his lawyer recounted the police raids on his home in January, during a judicial review hearing where Dotcom is seeking to have his property returned.

Dotcom founded file-sharing site Megaupload and is accused of breaching copyright laws costing owners more than US$500 million ($665 million) which US authorities have called the mega conspiracy.

He is now on bail awaiting an extradition hearing in August.

Dotcom left the court as defence lawyer Paul Davison QC revealed copies of the devices Dotcom wants back had already been sent to the United States by the FBI.

Davison said the removal of the copies was another injustice against his client.

Davison had written to the crown in February and March asking for the defence team to be supplied with copies of the contents of the computers.

Email correspondence from the Crown, stated copies of the seized devices had to go to America in their original form, but this action "has not happened yet and would not happen without prior warning".

But copies of the computer hard drives were sent to the US and Dotcom's legal team were only notified afterwards.

Davison called that a matter of "grave concern" and said his clients rights had been disregarded.

"One's left with a situation where this whole process is totally off the rails and the protection of my client's rights have been subverted or disregarded or worse."

Lawyer for the Crown, Mark Ruffin, said it was always clear the intention of the FBI was the remove copies of the computers to America.

As Davison recounted the events of the January raid on Dotcom's Auckland mansion, in which helicopters were used and armed police took his family from the property, it became too much for the Megaupload millionaire, who left the court in tears.

He and his three co-accused returned about half-an-hour later, after Dotcom composed himself.

A search warrant used in the raids is currently the subject of a judicial review hearing.

Dotcom's defence team have argued that the warrant's terms were too broad and therefore unlawful, and have demanded the return of his property.

His defence team have already argued against the lack of disclosure by prosecutors in the District Court - with a judge there yet to make a ruling - and yesterday revealed details of their plan to get "clones" of the data on devices held by police.

"It's now beyond the ability of Mr Dotcom to seek relief to gain anything that isn't relevant and is personal to him." Davison said.

However, Ruffin said the items could not be deemed irrelevant until they had been properly examined by the FBI.

"We've been told that certain household items such as network switches and routers were incapable of storage but they do have a minimal storing capability to hold illegal material," he said.

Similarly, electronic devices in the Crown's possession could not be cloned because it could damage the physical evidence available for forensic examination.

"If the unencrypted data were copied, the investigation runs the risk of compromising the integrity of the original data."

He argued the search warrant terms were not too broad. Police had to be able to seize all technology they thought may hold data useful to the case, he said.

The case will continue tomorrow in front of Justice Helen Winkelmann.