Dotcom
loses latest legal battle
Kim
Dotcom has lost the latest round of his extradition battle with US
authorities.
1
March, 2013
A
court has ruled the US does not have to hand over the source
documents it relies on in its extradition case against the Megaupload
founder.
The
Court of Appeal has overturned a High Court decision that ordered the
disclosure of the documents that are the basis of the US case.
It
said extradition hearings were not trials and the full range of
protections and procedures for criminal trials did not apply to
extradition.
The
US government can summarise its case in a streamlined procedure. The
judge deciding whether to order extradition has to be satisfied that
there is a case to answer.
If
the court wants more information it should, in most cases, ask the
Justice Minister to request it from the overseas authorities who want
the person extradited.
The
extradition hearing has not yet started.
Dotcom,
39, was arrested in a spectacular raid on his rented Coatesville
mansion, north of Auckland on January 20 last year.
Computers
and assets were seized as New Zealand police co-operated with US
authorities who want to extradite the German-born internet
entrepreneur to stand trial on criminal charges for alleged copyright
piracy and racketeering.
Initially
Dotcom was judged a flight risk and he was remanded in custody for
about a month.
The
Court of Appeal decision today is the latest in a series dealing with
the legality of the January raid and whether Dotcom is entitled to
have copies of the information seized in the raid returned.
In
the course of the case it emerged that the Government Communications
Security Bureau had been intercepting the communications of Dotcom
and business associate Bram Van Der Kolk.
The
surveillance was illegal because they have New Zealand residence and
the bureau's powers are limited to collecting information about
foreigners.
Dotcom's
millions of dollars of assets are still frozen and he has to rely on
the court ordering the release of money to him.
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