U.S. Government Wins Appeal in Kim Dotcom Extradition Battle

[Guest shaileshbad]

U.S. Government Wins Appeal in Kim Dotcom Extradition Battle

Kim Dotcom and his associates have lost a key battle in their
extradition fight against the United States. On two earlier occasions,
including once in the High Court, Dotcom’s legal team successfully
argued they were entitled to examine mountains of evidence held by U.S.
authorities. But those rulings were overturned this morning when the
Court of Appeal said that the U.S. would be allowed to present a summary
case after all. Dotcom says he’ll take an appeal to the Supreme Court.

After Kim Dotcom and his associates were arrested in New Zealand in
January 2012 it became clear that the United States government would
seek their extradition on copyright, racketeering, money laundering and
other charges.

To fight the allegations and indeed extradition to the U.S.
effectively, Dotcom’s legal team argued that they would need full access
to all of the evidence held by the United States. But early on the U.S.
government said that no right to such disclosure exists.

In May 2012, however, the Dotcom defense received a boost when Judge Harvey in the North Shore District Court disagreed with the prosecution and ordered disclosure of all documents relating to the alleged crimes of the so-called Mega Conspiracy.

After Judge Harvey made some controversial comments
that effectively cost him his job, U.S. authorities were back again,
this time seeking a judicial review of the judge’s ruling. The outcome
was another win for Dotcom.

In the High Court in August 2012, Justice Helen Winkelmann dismissed the application for a judicial review and upheld
the earlier decision handed down in the North Shore District Court. Kim
Dotcom and his co-accused – Mathias Ortmann, Finn Batato and Bram van
der Kolk – were to be given access to the documents in order to mount a
full and proper defense.

But refusing to give in the U.S. hit back again, launching an appeal
against the ruling in the hope of a different outcome. Today a New
Zealand appeals court handed down its ruling and it represents a huge
setback for Dotcom and friends.

Overturning Justice Winkelmann’s ruling on disclosure, the Court of
Appeal said that an extradition hearing is not a trial in which
innocence or guilty is determined, therefore the procedures appropriate
in a such a trial were not applicable in this case. Since extradition
treaties effectively amount to understandings between governments to
ensure those suspected of crimes are brought to account, all the U.S.
has to do is prove to the court that Dotcom and his associates have a prima facie case to answer.

As per the High Court’s disclosure ruling Dotcom’s legal team had
hoped to obtain masses of information from the FBI including records
relating to the covert operations carried out, those that detail the
evidence and complaints put forward to authorities by copyright holders,
plus records that show communications between copyright holders and
Megaupload including discussions and agreements on take-down notices.

But following today’s ruling the U.S. government will be allowed to
submit its case for extradition in summary format, not the high level of
detail demanded by Dotcom’s legal team.

This morning Kim Dotcom said that the show is not over yet and will now go to the highest court in the land.

“NZ Court rulings on discovery: 2 (yes) vs 1 (no),” he wrote. “The fight goes on. Next is the Supreme Court of New Zealand.”

If the Supreme Court accepts the case and Dotcom wins, the evidence
disclosed would be hugely helpful in his ongoing legal battles. However,
even in defeat the possibility remains that an extradition judge could
demand to see more evidence from the United States. If that information
was not forthcoming the judge could refuse to extradite.

The extradition hearing is expected to go ahead in August this year
but that date could be further delayed if the Supreme Court takes up the
case.