Mike Hosking sums up the past week for Kim Dotcom and especially his Appeal Court loss.
I think I am right in saying that the Court of Appealâ€™s decision in the Dotcom search warrant case is the first major legal setback Dotcom has had.
Say what you what about Dotcom and his presence here, each time heâ€™s gone to court in his larger extradition case he seems to have walked away with something, one of the biggest and earliest prizes being the fact that the High Court found the warrant for the raid was invalid. The significance of that being if the raid wasnâ€™t legal, how can anything that follows on from it be legal either.
This was a massive blow for the Crown, not least of which because it made them look like a bunch of fools that had little if any clue as to what they were doing. And even with yesterdayâ€™s decision there are still serious question marks over their level of competence. The mere fact they made the initial mistake over whether he was a local or a foreigner and therefore which agency should be spying on him (although materially to someone like me is not significant) was a fundamental error and painted an early picture of a keystone cop-type operation.
Also in the decision yesterday was the fact some of the stuff seized wasnâ€™t supposed to have been taken. So although the Crown wins this one, it doesnâ€™t win it outright.
But the big deal would seem to be in winning the substantive part (i.e. the warrant was valid), that puts the whole case from the Crownâ€™s point of view back in play, whereas previously you wondered where it went next.
The clones sent to the US have not been used so far in the indictment document requesting his extradition…and are unlikely to. Dotcom knows he will be extradited, but his cowardice means he is playing for time. He certainly isn’t the freedom fighter he makes out he is.
What I think has been largely forgotten in all of this is that we are dealing with a very serious matter, the detail of which has been somewhat derailed due to the afore mentioned mess made by various state agencies and the fact many a politician has leapt on the bandwagon and try to pin it all on the Government being in bed with the Amercians who are pulling their strings.
I donâ€™t subscribe to conspiracy theories and I think we live in a free and honest country where the state agencies operate with a clean slate and a straight bat. Thatâ€™s why Russel Normanâ€™s promise of blocking Dotcomâ€™s extradition, if it goes that far, is an unbelievably dangerous thing to do.
I have always argued, fine detail and minutiae aside, if Dotcom has nothing to hide and heâ€™s clean as a whistle, why is he fighting so hard not to get back into America, front up in court, put the case in front of the judge and get the not guilty verdict he would presumably so rightly deserve? Why is he so desperate to stay and not face those charges? Itâ€™s not unlike Shane Jones and his parliamentary privilege protection. If youâ€™re right, your right and the truth always wins.
Dotcom has had his life turned upside down. Heâ€™s out of cash – there are people chasing him for money all over the place and he says he canâ€™t pay them. His life is an uncertain world of lawyers, appeals and court rooms.
If you have nothing to hide, nothing to fear, if youâ€™re clean, free and innocent, why arenâ€™t you banging down every door to get that view rubber stamped so you can get on with your life?
Dotcom should get on Â a plane and go and clear his name rather than play silly buggers trying to have the entire case heard here…he won’t because he is a coward and playing the freedom fighter card. But he is nothing like his own hero, he at least wrote his own books (even though he started by dictating to an associate) …not dictated them to a compliant journalist.
He should just get on a plane and go face the charges he says he is innocent of…you fight charges in court not on television…he will and must eventually turn up in court. It is only a matter of time.