Word of the Day: Rendition (You might want to look it up Kim)

via Stuff - Reuters

via Stuff – Reuters

Kirsty Johnson reports

The Government has lost its bid to keep its spy agency out of the Kim Dotcom legal battle, meaning it will have to appear in court and be sued alongside police.

A Court of Appeal judgment, released today, has also slammed the Crown for failing to follow proper procedure and has asked them to better co-operate with Dotcom’s lawyers so the case can be determined as “expeditiously” as possible.

Dotcon is ¬†just throwing as many legal spanners in the works as he can, and the last thing he is interested in is anything being dealt with “expeditiously”.

It is very much in his interest to delay his  inevitable extradition by trying to delay and distract, be it with a public charm offensive or through the courts.

It seems the press have gone off him a bit over the last month or two. ¬†It is clear that his Paul Homes stunt backfired, and he hasn’t recovered from it, preferring to lie low in the mean time. ¬†

Can’t even see that stooge David Fisher being on the constant Kim Dotcom PR trail on behalf of his pay masters.

Whoops!  Spoke too soon:

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And 30 minutes later, he’s at it again

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Ok, so I was wrong about David Sausage Fisher. ¬†He’s still¬†fellating the rotund super hero and his friends.

Not long after, the NZ Herald are piling into the Kim Dotcon Love Fest

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Dotcon said he wouldn’t take the government to court.

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But as per usual, we can only expect lies from him.

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Dotcom decided to seek compensation for the breach in addition to his claim against police, who were found to have acted unlawfully during the raid on his Coatesville home.

Time for Dotcon to be extradited to face his accusers instead of playing legal¬†tiddlywinks with the NZ courts. ¬†He’s bleeding the tax payer in legal costs. ¬†And he can “sue for millions” all he likes, at best he won’t get more than what he fleeces from his Mega customers in a single day.

All he wants is to delay the inevitable.  Go already.

  • Jonathan P

    Can you honestly blame him?
    Guilty or not he is in NO WAY going to receive a fair trial in America.
    The court case if funded by hollywood and the judgement will have already been made.
    Why else have so many actions around the entire case been less than 100% legal.

    As I’ve always said guilty or not he deserves a fair trial as everyone does for their alleged crimes. Innocent until proven guilty by a court of LAW not public opinion.

    • Dave

      YES He has many faces, DotCom the criminal, the Liar, and all the half and Mistruths. Sure, the raid was horribly executed, but come on, the man who said he would build a Trans Tasman cable. Pffftttttt FFS: If all he wanted was redemption, he could simply just ask for an apology!

      • Jonathan P

        If we were to arrest every liar and person of half truths and mistruths how many times do you think John Key would have been arrested by now?

        • Gazzaw

          Wondered how long it would take you to make such a stupid statement Jonathan.

          • Jonathan P

            Hahaha please, You want to whinge about my comment yet little pearls of wisdom such as “liebour” are dropped about the place like 5 cent pieces. Cry me a river.

    • http://www.whaleoil.co.nz Whaleoil

      He is a recidivist criminal, he MUST go to the US to answer charges not skulk in New Zealand pretending toe be all innocent. We have extradition laws for a reason, he must comply….and so must New Zealand. He hasn’t worked that out yet

      • Jonathan P

        He is an alleged criminal. He has not been charged yet has he? Or is he guilty until proven innocent? Im not suggesting that he doesn’t have a case to answer as the evidence does seem to stack against him but I will refer to my original post he will not get a fair trial in the states and is trying to find a way around it. People and their lawyers do it all the time.

        • Dave

          Think back a bit Jonathan, Whale has said he is a “RECIDIVIT CRIMINAL”. Please not think of his crimes overseas, yes CONVICTIONS, hence he IS a recidivist convicted criminal. A conviction is a conviction, it does not matter what country it was in, it is still a conviction.

      • Mr_Blobby

        And we MUST also treat people properly. How would you feel if it was you and not Dotcom. Having your pregnant wife and children dragged out of the house in the early hours of the morning, you getting roughed up by the Police, you sitting in Mt Eden and being vilified and being treated like a criminal. All before you are actually charged with anything. One stop shop Fair trial, guilty, get straight to the hanging, now what are we going to charge him with. What do you mean the law he has allegedly broken in the US is not actually a law here, throw something else in to beef it up.

      • Mr_V4

        Show me where precisely in the NZ-USA extradition treaty, secondary copyright infringement is listed as an extraditable offence?

  • Anonymouse Coward

    The US Justice Department may have to abandon their pursuit of someone from over the water who may have ripped off Hollywood Moguls and concentrate on the crooks on Wall Street who ripped-off widows and orphans.

    Only a cynic would suggest that prosecutorial zeal was driven by campaign contributions.

  • Gazzaw

    Correction. He isn’t sueing the NZ Government or the GCSB, Dotcon is sueing every NZ citizen. This will cost each and every one of us if he wins. Time he was told to fuck off.

    • Mr_Blobby

      No he is suing the Government who is supposed to represent the best interest of the Citizens and residents. So if he does and he wins whose at fault here. Not Dotcom, how about looking past the man and looking at the real problem. A Government with its head stuck so far up the arse holes of American big business they have forgotten what daylight looks like.

  • peterwn

    Methinks Mr Dotcom had dug a wee hole for himself. The usual sanction for issues of this sort is disallowance of evidence, etc which makes the prosecution’s harder or the charge impossible to prove. In this case the Crown would no doubt prefer to pay out some Baigents type damages (search at wrong address after police knew they were at wrong address) than have sanctions imposed against the substantive case. Now that he is suing as a separate matter there is no need for sanctions to be imposed against the prosecution (USA/Crown) in the substantive case. Ha!

  • peterwn

    See: http://www.bloomberg.com/news/2013-03-04/kim-dotcom-seeks-cfo-for-data-venture-before-ipo.html
    “Kim Dotcom Seeks CFO for Data Venture Before IPO”
    The mind boggles with what the ad could say about appropriate previous experience.

    • http://www.whaleoil.co.nz Whaleoil

      An IPO from someone convicted previously of pump and dump schemes.

      His claims that he couldn’t restart his business also show he lied about that.

      • Mr_Blobby

        Wake up and smell the coffee Whale. Seriously, this whole thing stinks and smells something terrible.

        • kohibruce

          Agree with Mr. Blobby – no need to add ambergris to a smelly situation.

  • Ururoa

    The moment we abandon the right of the accused to see ALL the evidence being used against them is the moment we give up completely on any idea of all being equal before the law.

    Both the NZ Government and the FBI have fought tooth and nail to resist releasing the evidence held against Dotcom. Irrespective of your opinion of him personally, it is extremely important that these agencies release all the evidence. How can anyone have a fair trial if they have no idea what the evidence is against them?

    If you were charged by the police with drunk driving, yet the police refused to release the evidence (the results of your breath test and blood test), the judge would laugh the police out of court, and probably lambast them for wasting the courts time. The judge should be doing the same here.

    • Bob

      That would be because this is an extradition, not a trial. The US has requested that we extradite him under the mutual extradition treaty we have so he can face trial in the US.

      • Ururoa

        The extradition case is a trial. The Crown/FBI have to prove that they have just cause to extradite DotCom. In order for DotCom to rebut, the defense needs to know what the evidence is.

        Why would the Crown, if they are convinced of the correctness of their case, withhold evidence from the defense? There have been plenty of cases in NZ where the Crown has withheld evidence from the defense because it was prejudicial to the Crown’s case.

        • Bob

          No, it’s not a trial, there only needs to be sufficient grounds to commit a person TO a trial

          See –

          Evidence is required to be submitted with an extradition request. In order for a request to be successful, a prima facie standard of evidence is required. The prima facie standard requires a request to be supported by evidence that would provide sufficient grounds to commit a person to trial in New Zealand.

          http://www.mfat.govt.nz/Treaties-and-International-Law/06-International-Courts-and-Tribunals/6-Extradition.php

          • Ururoa

            I stand corrected, you are correct. But doesn’t change my opinion that in order for the hearing to be just, the Crown should release all evidence to the defendant.

  • Bawbag

    @Gazzaw, your off your head.

    The Crown has taken it up the butt. First off Peter Marshall should have been sacked many months ago for sanctioning the raid. However, the greater concern relates to the Crowns apathy in defending a NZ citizen facing extradition to a country with a disgraceful human rights record.
    Do we believe if the country requesting extradition was North Korea the Crown would be so accommodating?
    As Kiwis are we not advocates of fair play?

    • Gazzaw

      The biggest mistake that the government made was to grant this recidivist NZ residency. Whether you like it or not Bawbag we have an extradition agreement with the US that we are bound to honour. I suggest that you go and read up about the obligations of that agreement before spouting off about fair play. No we wouldn’t send him to North Korea as we have not signed an agreement with that state (and are unlikely to).

      • Mr_V4

        Show where precisely in the NZ-USA extradition treaty, secondary copyright infringement is listed?

    • Hazards001

      For theives? No..sorry not an advocate for theives and lying bastards.

  • Phar Lap

    The question might be who let a convicted criminal called Mr Schmidts into NZ in the first place.

    • Jonathan P

      Warwick Tuck?

      • Phar Lap

        So who got the Ten Million Dollars SCHMIDZ.paid to get into NZ with his alleged criminal record.

        • Jonathan P

          I also think Simon Power had something to do with his acceptance, although Im not suggesting he was “paid off”. I believe he played a part in Dotcoms acceptance and trying to keep it out of the public eye for fear of scrutiny.

  • disqus_NwDSdKjjeZ

    Agree with Mr Blobby’s comments, truth & justice must prevail if possible especially when a Government/Crown along with it’s “supposed” Law Enforcement Agencies have gone off down a road half cocked in an attempt to applease the US hollywood powers to be via a Vice President who gives the impression in all probability he’s living in their pocket!!!
    Thing is DOTCOM is a NZ citizen fullstop & if his & family’s citizenship was granted incorrectly again it comes back to the Government/Crown Agencies not properly or correctly doing their homework by granting him citizenship etc!!!
    The whole incident reeks of total incompetence by the authorities & despite all the rethoric & emotional comments being made about this, the fact remains the behaviour of the NZ authorities less alone the US authorities who from what I can see view themselves as a law unto their own, raises more questions than answers!!!

    For instance does the NZ public know the FBI had 40 Agents working in New Zealand 12 months fulltime on Dotcom prior to the raid on his Coatsville property in both the Police & Crown Law offices & yet we have a Prime Minister who states he wasn’t aware of any of this!!
    This is despite the fact a no surprises agreement I understand exists between the Prime Minister’s office & the various Government Departments that include the Police etc!!!
    While I am aware the NZ Public is sick & tired of hearing & reading about the subject I feel in the mid to long term, the public needs to seriously consider what went on here & think future wise where do New Zealand citizens actually stand if the Government/ Crown in this instance is allowed to get away with what they did & condoned.
    Just food for thought!

    • Anonymouse Coward

      disqus_NwDSdKjjeZ said;

      “For instance does the NZ public know the FBI had 40 Agents working in
      New Zealand 12 months fulltime on Dotcom prior to the raid on his
      Coatsville property in both the Police & Crown Law offices ”

      This is an astonishing claim Nw, can you back it up.

      • disqus_NwDSdKjjeZ

        This information came from a Police source who didn’t agree with the actions of his own department-the raid in his words was described as “a bunch of Cops walking round with hards on as they thought they were finally in the big league with the FBI!!”

        The person concerned who didn’t want to get involved because if it came out anything was said he would obviously get “screwed over” by his own bosses.

        it was also confirmed with someone else I know close to the Crown Law office as well who didn’t want to get involved, WHY do you think (1) the Police Administration have gone so dead quiet on the matter hiding behind anything they can find & (2) why the Crown Law Office is backing the US “tooth & nail” on the issue!

        Both departments at the time were told to assist the FBI to their fullest.

        If the matter goes pear shape & by the looks of it the way everything seems to be heading that way at the moment, watch everyone & I mean everyone dodging the bullet & blaming everyone else!!

        If any “hard” questions are asked all one will get will be denials, denials & denials that’s their way of dealing woith matters & the powers to be are very good at this approach!!!
        Why do you think Dotcom has constantly been winning his Court appearances I suspect he knows all about what went on!!

        Police I understand have also quietly told Crown Law if it all goes wrong they intend to hold them responsible so take what you can out of that the whole thing is a farce in my view BUT at the same time on a future basis what does it mean for a New Zealand citizen or resident finding himself in strife with an external Government who makes any allegations against them!!
        Based on the NZ Government’s behaviour to date it’s quite a scary thought!!

        • Anonymouse Coward

          Thanks for your reply Nw.

          The part of your story that I find hard to beleave is that there were fourty Agent Smiths stomping around the countryside a whole year and nobody noticed.

          • Dave

            They must have been disguised as cows in a paddock outside his mansion.

          • disqus_NwDSdKjjeZ

            I know what you mean & can understood your thinking but let’s put it this way I bet when the NZ Public switched their TVs on the evening of the Dotcom raid occcurred I bet they also found it hard to believe what took place as it was similiar to something out of a hollywood movie!!
            All over some alleged matters that weren’t even illegal in NZ!!
            Also for the Police STG Unit being involved as well their deployment had to be approved by high level Police as the average Police Commissioned Officer CANNOT approve their deployment.
            Also I’m aware a few people in a few places are feeling less an secure at the moment over their involvement in the DOTCOM saga more so as time passes & the Courts keep finding against the Crown it would be interesting to see what a few “well placed” phone calls might or might not illicit!!
            Also on another point if one was to back track on the timeline as to when this whole saga originally started inquiries included, one or two insights for want of a word might come to light!
            As to DOTCOM himself whether he’s right or wrong it’s not my place to comment as I feel the Courts will decide that in due course although my personal view is with the case against him slowly crumbling apart I seriously doubt as to whether his extradition will actually ever occur!
            The more IMPORTANT fact that concerns me is & I have to ask this is how safe is a New Zealand citizen when resident in NZ & a foriegn Government decides to have a go at you for one reason or another such as in this instance especially when the laws don’t actually exist in New Zealand!!
            Not too many people I gather have thought about that point!
            I know many people will comment DOTCOM illegally or improperly obtained his NZ citizenship & if that’s the case I would simply ask who & how was his citizenship approved then!

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