The only retrospective legislation I’d support

It has been recommended the government overhaul extradition law to simplify the process of getting rid of ratbags who are wanted in overseas jurisdictions.

Imagine a high-profile extradition case of a foreigner accused of a crime that didn’t involve millions of taxpayers’ dollars and years of wrangling in the courts.

The Law Commission, which has been wrestling with this under the shadow of the Kim Dotcom case, has arrived at its recommendations, which were tabled in Parliament yesterday.

The commission was coy about the cost savings, but it promised extradition battles could be shorter and more clear-cut, in line with a worldwide trend.

The numbers were not huge – 70 extradition requests from other countries in four years, and about 40 from New Zealand to other countries.

However, the sums and delays could be large – for example, tens of thousands of Crown Law hours on the Dotcom extradition case, multi-millions of dollars all round, and the appeal against extradition yet to be heard, and due in August.   Read more »

Why Dotcom never expected to win

Whaleoil reader and commenter Jimmy has gone where others don’t dare and read the actual judgement for us.

Well, my light and fluffy reading over Christmas was to chew my way through the Judicial Judgement relating to Dotcom.

I admit to falling asleep a couple of times but I managed to get through it all.

Points which stand out:

1 In most judicial decisions you tend to get the Judge summing up the evidence offered by both sides then they discuss the finer points of the law relating to the matter and this leads to a logical judgement in the matter.

2 What is completely lacking is any offered evidence from Dotcom’s lawyers of any evidence which would point to them being innocent (i.e. innocent explanations for all the copyright material on MegaUpload etc.) but there isn’t any.

3 The only focus by the defence is trying to argue for stays based on obscure arguments relating to not being able to pay for foreign experts and grizzling that the time allotted to prepare for the extradition hearing wasn’t long enough.
These were legal fluff batted away easily by the Judge.

4 The extensive list of documented evidence listed in the Applicant’s case that pointed towards Dotcom’s and his mates being guilty of the charges they are being extradited for. Read more »

The Dotcom extradition special post

Right, now we know his time is limited we need to set about having an extradition party.

But to celebrate this judgment, forgive me if I don’t just enjoy myself a little bit.

Read more »

Judge Dawson: The “overwhelming preponderance” of evidence against the men established a prima facie case

Judge Nevin Dawson has delivered his verdict and decided that Kim Dotcom should face extradition to the US.

Predictably the left-wing has unhinged itself claiming all sorts of conspiracies, but the Judge has seen through all that and booted him.

Ironically those wailing the loudest are those formerly on his payroll.

Kim Dotcom should be sent to the United States to stand trial on criminal charges, a New Zealand court has ruled.

In a decision delivered in district court this afternoon, Judge Nevin Dawson ruled the internet entrepreneur and his three co-accused – Mathias Ortmann, Bram van der Kolk and Finn Batato – were eligible for extradition to the US.

The FBI had been seeking their extradition on charges of copyright infringement, money-laundering and racketeering related to the now-defunct file-storage website Megaupload.

It was a result the Megaupload founder has been trying to prevent since his 2012 arrest during a dramatic raid on his mansion north of Auckland.

During a 10-week court hearing that ended last month, the men’s lawyers argued Megaupload was created simply to allow people to store and share large files.    Read more »

[CLOSED] Kim Schmitz / Kim Tim Jim Vestor / Kimble / Billy Bigsteps / Kim Dotcom- The Verdict: EXTRADITION


Forgive us if we take today’s announcement a little personally.  Whaleoil was a lone voice for a long time before the scales fell from the eyes of people drunk on his money and extroversion.  He’s rotten to the core.  We had the inside information, but it took a long time for people to choose to see. Read more »

Good things come to those who are prepared to stick to the job for the long haul


Do I look good in Orange?

Tick tock, we are now all waiting with bated breath.

The wheels of the justice system grind slowly, and occasionally slip a cog, but on the whole those who are willing to submit to the complete process get what they deserve.

A judge is set to deliver his decision on whether Kim Dotcom and his associates are eligible for extradition to face charges in the United States.

The German-born internet mogul and his former business associates – Mathias Ortmann, Finn Batato and Bram van der Kolk – are accused of making US$175 million (NZ$257 million) from what US authorities say is a criminal conspiracy based around file-sharing website Megaupload.   Read more »

And now we wait…

Get used to Orange fatty

Get used to Orange fatty

Kim Dotcom’s time-wasting to prevent extradition is almost at an end. The case has now been heard and the judge must go away and decide whether or not he can extradited.

The Kim Dotcom extradition hearing has finally wrapped up – six weeks after it was due to finish.

Now Judge Nevin Dawson has the unenviable task of wading through hundreds of pages of evidence and hours of submissions to make the decision on whether the internet entrepreneur and his three co-accused are sent to the United States to face a trial.

The FBI laid charges in January 2012 when Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato were indicted on 13 charges including copyright infringement, racketeering, money laundering and fraud.If found guilty, the men could face lengthy jail terms.

The German-born mogul was not at Auckland District Court today to see the climax of the case. He tentatively limped out of court yesterday grimacing with back pain after a fall at home and his attendance was excused.    Read more »

Final desperate death throes of Dotcom’s non-existent defence

Kim Dotcom is going to win the gold medal for clutching at straws.

Kim Dotcom’s lawyer has accused the Crown of including irrelevant evidence to prejudice the public against his client.

During the first week of the extradition hearing — which has now come to the end of its eighth week — Crown prosecutor Christine Gordon, QC, acting for the US government, drew the court’s attention to a comment by the internet entrepreneur calling New Zealanders “dumb”.

“Aussies, just as dumb as kiwis,” Dotcom allegedly told a co-defendant Matthias Ortmann.

“Hehe,” Ortmann responded.    Read more »

Go on, you got to laugh: Dotcom’s lawyer says TPP clears Kim of copyright charges

Fatty Boomsticks goes on another fruitless search for legal relevance.

He is just a complete waste of the court’s time and resources.

Lawyers for Kim Dotcom say the Trans Pacific Partnership (TPP) backs their view that internet service providers are protected from copyright infringement.

Mr Dotcom and three other men face extradition to the United States on copyright, money laundering and racketeering charges.

It relates to their website, Megaupload, and the hearing is into its eighth week.  Read more »

Dotcom extradition hearings turn from a farce into a tragedy

photo credit - AAP

photo credit – AAP

Steve Braunias summarises the first week of Dotcom’s hapless defence, and he’s even less merciful than Judge Dawson.

Where were the crowds? “Big day today,” Kim Dotcom advised the 468,000 followers on his Twitter account on Monday morning. “Let’s go!” Dotcom’s legal team, finally, began their defence of their excitable client in week six of his extradition hearing.

Uncle Sam and the FBI – aptly, the courtroom is in Federal St – have stuck it to Dotcom and the three men co-accused of copyright infringement, racketeering, money laundering and fraud. Now it was the turn of the defence to stick it to Uncle Sam and the FBI.

“I wish you could all be at my court hearing,” Dotcom tweeted, wistfully. “It’s going to be good.” But the public gallery was empty, and the press bench was down to three.

Dotcom looked rather glum. His defence lawyer Ron Mansfield looked even worse. The poor devil was struck down with a killer head cold. His great moment had arrived; here, at last, was his chance to denounce the US in loud, ringing tones, but he felt like he had sheep running around inside of his head.

He played the sympathy card with Judge Nevin Dawson. But the judge wasn’t in the mood for cards. “Your Honour will be aware I’m not recognised for being an orator,” Mansfield said. “I struggle with words beyond one syllable.”

Dawson stared at him. His implacable face sent a message spelled out in words which required only one syllable: get on with it. He got on with it. Mansfield’s submission – volume one, 300 pages – was wide-ranging and powerful. In essence, he said the US case was woeful, pathetic, lame. Worse, it was political. He said it was driven by Hollywood, which demanded that the White House crack down on Dotcom’s Megaupload file-sharing empire.

“This is not a conspiracy theory. Hollywood threatened the Democrats and Republicans that they would lose their massive financial support.”

Braunias is only warming up.   Read the rest here.  (a rare link to A newspaper as that piece deserves to read in full)


– Steve Braunias, A newspaper