Angering the judge didn’t work, so what did Dotcom’s legal team come up with next?

It’s novel but sickening the games this fat bastard will try.

The judge hearing Kim Dotcom’s extradition case has asked if sending the internet mogul to stand trial in the US without funding would be like returning a refugee to the country they’ve fled.

Mr Dotcom and three other men face extradition on copyright, racketeering and money-laundering charges related to their Megaupload website.

The court is currently hearing a stay application from the men to pause or even halt the extradition process altogether.

They say a US restraining order is preventing them from using New Zealand funds to pay for international legal and technical advice to help defend the extradition attempt.

Judge Nevin Dawson asked defence lawyer Ron Mansfield whether that order would also leave his client without funding for a defence, if he did stand trial in the US.

Mr Mansfield said it would, unless a new, unrestrained source of funding could be found.   Read more »

Desperation is a stinky cologne

The Fat German is staring down the barrel of a long lonely flight in stainless steel jewellery as the evidence mounts at his extradition hearing.

Desperation has set in…first they tried to suggest the documents were missing…they weren’t…and now they are trying to get the hearing stopped.

Lawyers for Kim Dotcom and his co-accused are arguing again that an extradition hearing should be halted.

Mr Dotcom, Mathias Ortmann, Bram van der Kolk and Finn Batato face extradition to the United States on copyright and money-laundering charges, related to their file-sharing website, Megaupload.

Last week, Judge Nevin Dawson refused to hear several applications from the men for a stay in proceedings, saying they could be heard in the context of the main hearing.   Read more »

Ooooh, there they are! Original extradition paperwork found


Yesterday, a court services manager acting as a witness for the Crown verified several documents as copies of the extradition requests.

But under cross-examination by Kim Dotcom’s lawyer Ron Mansfield, she conceded the copies were not date-stamped and was unable to say whether any originals existed.

Today, the extradition hearing’s court registrar, Jennifer Spence, appeared as a witness to verify the original documents.

Ms Spence said she found the originals in the judges’ chambers at North Shore district court, which has jurisdiction over the extradition case.

Not that this little stunt would have gotten in the way, but we can do without the distractions of lost paperwork, so it is great to see this little red herring put to bed.  If you excuse the mixed metaphor.   Read more »

Dotcom gets the weekend to reflect

After the first week of Dotcom’s extradition hearing, Dotcom seems to be hoist by his own words

On Friday Christine Gordon QC, who is acting for the US, read an extensive series of Skype conversations and emails between the men, arguing they revealed they knew the business was a criminal enterprise from the start.

In one conversation, two of the accused discussed how they expected Dotcom to flee if the business hit trouble.

“The fact is when there’s no way out, Kim will also grab the last couple of millions and go on hiding mode again when that happens,” Van der Kolk was quoted as telling Ortmann.

“The likeliness of us getting in trouble for some reason is getting bigger.”

Dotcom stared forward and gently shook his head once as the evidence was read out.

Ortmann and Van der Kolk were right of course.  They had seen Dotcom do it before.    So why stay around someone who is clearly able to turn them into cannon fodder?   Money.  And lots of it.   Read more »

My favourite two words when put together are “loses” and “Dotcom”


A last-minute attempt to delay the extradition hearing for internet entrepreneur Kim Dotcom and his co-accused has been rejected.

Judge Nevin Dawson has released a decision that means evidence will be heard when the case resumes in Auckland District Court on Thursday.

Good to see that Judge Dawson wasn’t distracted by the desperate scatter gun approach by the defence counsels.    Read more »

Dotcom Extradition Deadlock – it only took a day


Seems that both legal teams have taken to the excellent debating skill of accusing the other of not being fair and cheating in some way.

Christine Gordon, QC, on behalf of the US government, said starting with the extradition eligibility hearing before hearing three different applications for a stay of proceedings was the “practical and rational” way forward.

But lawyers for the four respondents argued the stay applications should be heard, and ruled upon, first.

Dotcom’s lawyer Ron Mansfield said even before that the key issue for Judge Nevin Dawson to decide was whether the defendant had breached New Zealand law.

Dotcom now has the esteemed Barrister Ron Mansfield on his side.   Read more »

Project Extradite Dotcom: Day 1,339


3 news

Lawyers and reporters packed Auckland District Court today for the hearing originally set down in 2012 following a Hollywood-style raid on Dotcom’s mansion.

The tech mogul, facing extradition to the US over what the FBI calls a criminal conspiracy, sat in a large leather arm chair – specially brought in for ergonomic reasons – dressed in black, wearing sneakers, his baseball cap resting on the bench.

A large leather arm chair.   Good grief.  Anything to stop the bastard from claiming he’s not being pampered enough.   Read more »

Full court press from A newspaper to influence the legal process

It isn’t even subtle anymore.  The daily articles about Dotcom have only come through his official mouthpiece.  Speculation that there exists a commercial arrangement between Dotcom and A newspaper have never been adequately explained away, and the last few days certainly have added to the weight of circumstantial evidence.   With Dotcom’s extradition decision likely to be made (not the same as implemented), they’re pulling out all the stops.



Long time observers of politics and the dark arts of PR and media manipulation will recognise this as a pleasing sign:   by the time someone uses their family as a pawn in the game, they have run out of options and have hit desperation.   Read more »

Trying to get rid of Dotcom is not cheap

Taxpayers have invested a “colossal” 29,344 hours of legal work into the Megaupload and Kim Dotcom legal cases – equivalent to $5.8 million in fees, the Crown Law Office has confirmed.

Of that, two-thirds of the hours have gone into the extradition request from the United States – the hearing of which finally starts on Monday.

It has been 1337 days since the January 2012 raid saw the arrest of Dotcom and three others at the request of the United States on charges of criminal copyright violations. The charges related to the operation of the filesharing website Megaupload.

A string of delays and legal arguments from the Crown, the United States and Dotcom and his co-accused have led to the extradition hearing being delayed 10 times. It starts on Monday with legal arguments and is expected to get underway properly on Thursday.

The huge legal muscle that has gone into the case has astonished University of Auckland law professor Dr Bill Hodge. “Extraordinary is an understatement.

It stands alone. There is no one else on the podium.”

He said the case had brought incredible scrutiny on the extradition law from “the best legal minds in New Zealand”. Read more »

Still gagging on fatty German Sausage

I'm coming to steal your democracy

Kim Dotcom better get used to wearing orange…it’s the new black after all

Kim Dotcom’s publicist, note-taker and sometime reporter David ‘tainted’ Fisher is today showing that he is still fond of fatty German sausage.

He has taken the unusual step of promoting affidavit evidence ahead of Kim Dotcom’s extradition trial next week. It seems a newspaper is still getting the inside running from the lawyers and attempting to manipulate court processes by trying this in the media rather than a court room.

One of the world’s leading experts on copyright has reviewed the Kim Dotcom case and says there is no basis for extradition.

Harvard Law professor Lawrence Lessig has weighed into the Megaupload prosecution with a legal opinion which condemns the prosecution case against the filesharing website.

In an opinion released by Dotcom’s lawyers, Professor Lessig said the allegations and evidence made public by the US Department of Justice “do not meet the requirements necessary to support a prima facie case that would be recognised by United States federal law”

Professor Lessig is internationally regarded as an expert in copyright and fair use. He co-founded the nonprofit Creative Commons and has written widely in articles and books on copyright, law and the internet age. The US-based Electronic Freedom Foundation said he had “played a pivotal role in shaping the debate about copyright in the digital age”.   Read more »