Kim Dotcom thinks he’s winning. But the Crown had a message for him yesterday:
Evidence that Kim Dotcom was not allowed to present at his extradition hearing would not have helped his case anyway, the Crown says.
Mr Dotcom and his three co-accused – Bram Van der Kolk, Matthias Ortmann and Finn Batato – are appealing a North Shore District Court judgement ruling them eligible for extradition to the United States.
The US wants to extradite the men to face criminal charges of money-laundering and copyright breaches related to the defunct file-sharing website Megaupload.
At the beginning of the appeal, which is taking place in the High Court in Auckland, the men’s defence lawyers said the district court judge failed to keep an open mind and give meaningful consideration to their arguments against extradition.
Mr Van der Kolk and Mr Ortmann’s lawyer, Grant Illingworth, told the High Court that, crucially, the court had not let the men present evidence of unlawful US behaviour.
“[That includes] a massive search and seizure, manufacturing a situation of urgency in order to get procedural shortcuts … covering up the unlawful activities that preceded the [arrests], downstream attempts to cover that up including a police officer giving incorrect information to this court, [and] unlawfully sending clones of hard drives overseas.”
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