Merry Effin’ Christmas Kim and Nicky

Scheiße! Another loss

Scheiße! Another loss

Kim Dotcom got the Christmas present he didn’t want…yet another court judgment against him.

This time there are no more appeals…the Supreme Court has ruled the warrants for his raid and search were 100% legal.

The police raids on internet mogul Kim Dotcom’s mansion were legal, the Supreme Court has ruled.

The court has upheld a Court of Appeal decision that while the search warrants could have been more precisely written they were legal.

The warrants, executed by police on the properties of Dotcom and his associate Bram van der Kolk in January 2012, resulted in the seizure of some 135 electronic items.     

Dotcom, van der Kolk, Finn Batato and Mathias Ortmann, who appealed against the decision, were ordered to pay costs of $35,000 to the Crown.

In today’s decision, Chief Justice Sian Elias and Justices John McGrath, William Young, Susan Glazebrook and Terence Arnold concluded the warrants warrants were not unreasonably vague and general.

“[But] undoubtedly they could have been drafted rather more precisely.”

Good.

Dotcom’s delaying tactics are running out of steam.

One thing this case does though is make Nicky Hager’s attempts to do the same thing almost forlorn.

He too is delaying because he knows that he hasn’t told the truth about his interaction with the hacker, and likely also his own interactions with the paymaster of the hacker.

 

– NZ Herald

 


THANK YOU for being a subscriber. Because of you Whaleoil is going from strength to strength. It is a little known fact that Whaleoil subscribers are better in bed, good looking and highly intelligent. Sometimes all at once! Please Click Here Now to subscribe to an ad-free Whaleoil.

  • Blue Tim

    Interesting that the minority in the decision was the activist Chief Justice

    • Michael_l_c

      But is it surprising?

      • OneTrack

        No, unfortunately it isn’t. When I first heard the result, and that there had been one dissenting voice, I made a wild guess at who that might have been. And, surprise surprise, I was right. Who woulda thunk it.

  • Tom

    Just put the fat German on a plane already. Everyone is sick of this ongoing crap.

    • Captain Darling

      That would make my holidays, to come home and find the fat one gone.

      • better that than the new flat screen . . .

    • Chris

      A plane to anywhere, it doesn’t really matter where.

  • Iera

    That Hager, similar to Dotcom, is delaying is obvious.
    Does a person claiming to have information on police corruption not present that to the right officials to have it independently investigated, or do they turn it into a book for profit, like DIRTY POLITICS, timed to attempt to sway an Election?

    And as an author, without the same source protection as a journalist, how irresponsible is Hager to allow claimed material on police corruption to be seized along with Hager’s own criminal action of received stolen electronic documents?

    • “Police corruption” story line = convenient stalling tactic that nicely fits yet another invented fiction and narrative Hager is trying to push like some kind of drunken snake oil salesman.

      If Hager really did have “proof and evidence” of such corruption, he should have gone to the respective authorities immediately, instead of trying to profiteer again from illegal activities… at the on-going cost to all in NZ whilst this “police corruption” is kept quiet by Hager whilst he tries to horde more money from someone else’s misery. What a champion character this individual has eh!

      I only hope Hager is charged also for being a colluding part in “police corruption” he had proof on, but elected not to whistleblow so he could personally profit from “police corruption” instead.

      Isn’t there a law about receiving property that is known to be stolen?

      • Excitedly awaiting Whodunnit

        If he knows of corruption and does nothing, isnt he complicit in that corruption and should be charged accordingly?

  • Aucky

    Has Dotcom’s mouthpiece been put on to other reporting duties? One would have expected some comments of late from David Fisher……..but nothing, silence, zilch.
    Maybe Murphy & Currie have realised that there’s no mileage in backing a losing argument.

  • spanishbride

    When you visited the Dotcom mansion all those times what did you talk about Nicky?
    You were happy enough to visit him more than once and eat with him yet you expect us to believe that if he was the hackers paymaster you would have not used the stolen e-mails? Pull the other one Nicky.You admit you went looking for the hacker to talk him into giving it to you to make into a book. You wanted it BAD.You never did explain why Kim Dotcom being the paymaster would have put you off. Why would it? You said the hackers’s motivation was dislike of Cameron and that didn’t worry you so why would Kim Dotcom’s desire for revenge for Cam’s sunlight on his activities worry you?

    • Huia

      I also think Sticky Nicky and his puppeteer should be held accountable for all texts deleted and all phone calls made, there should be a limit to whom they can correspond with. Their media contacts need to come under close scrutiny (gee I wonder who they are?) and they should all have to account for every single word written and uttered while the Green’s baying for blood. The utter hypocrisy and stupidity of the whole dammed thing is sickening.
      The hacking set a dangerous precedence, it highlighted the media having no conscience or morals at using the hacked/stolen/altered private correspondence, it really should have been dealt with immediately and harshly as an example.

  • caochladh

    Let us be perfectly clear on this. Elias would have allowed the appeal and reinstated the decision of the High Court but was overruled by the other judges. Justice has been done in spite of Elias and her political bias.

    • Aucky

      The sisterhood still has many tentacles.

      • MaryLou

        Sisterhood?

        • stephen2d

          He meant H1, H2 & co who gave the cushy job to Sian.

          • MaryLou

            Ah, got it…

  • Keanne Lawrence

    The losing streak seems to becoming a trend for KDC and to the vanquished goes the bill for costs. He does not have the benefit of donations towards his legal costs but it might prove that Hager will eventually need more to cover his costs than people are prepared to donate. Might have to dig into his ill gotten gains if not seized as the proceeds of a criminal act first. Lol

    • Justice should not only be done… it should be seen to be done… and done poetically in a “Come to Karma” kinda way.

  • spanishbride

    Kim Dotcom would never employ a hacker to assist him or would he?

    • The motive, the means, the ability, the financing, conveniently entwined with a desire to bring down the government also… surely not?

      He’s an ethical businessman isn’t he? Let’s ask Hone and Laila for comment…

    • Chris EM

      Ha, that tweet is a few more shovels deeper in the hole Dotcom has dug for himself. Keep digging, fool.

    • Bluemanning

      Oh no another ‘moment of truth’

    • Bryan

      when you listen to the so called speech patterns coming out of North Korea directed at Sony They seem to be more the speech of the German, and he certainly has an act to grind with sony, and the above tweet adds fuel to the fire from where I’m sitting

    • So clever clogs is now threatening the President…has he never heard of rendition?

  • simblor

    SB and Cam should write a book when this is all done and dusted. Add some poetic justice to the mix.

    • “Dirtier Politics”
      “Illegal Politics”
      “Politics – BAU”
      “Politics done Right”

      Could make a contest out of “Guess the title”…

  • HSV325

    All I can say Is New Zealanders saw him for the fraudster and thief he is on Election Day and that will have been one of my highlights for 2014.

    • Yes – never thought I’d cheer for a Labour candidate to win their electorate… but I was delighted to see the election results come in live… and to observe the body language around those in Internet Mana as they choked trying to swallow many a dead rat.

      It’s the kind of re-run TV programme that should air tonight – just to remind all of NZ what an excellent Christmas NZ is having when compared to 5-headed, Omni-Cluster-Shambles that could have been.

      Thanks Nicky… your efforts to see the best possible government for NZ worked.

      • MaryLou

        It really was quite uniting wasn’t it? Quite a vicious election year, with righties and lefites going at it all over the place, accusations of right-wing dirty politics, identifiable left wing dirty politics, and only one thing we could all agree on. Internet Mana ended up exactly where they belonged. Bravo, NZ!

      • jay

        Election night, as pathetic as this may sound, was one of the most fun evenings of my life.

        The incredulity of most of the media, and the astonishment and dismay of the parties on the left (who couldn’t believe how badly they were being thrashed), I found immensely gratifying.

        Just saying

  • David

    Why is this Nazi sympathiser and crook still in our country? Deport him today.

  • cows4me

    I hope the legal profession sends Kimmy a nice Christmas card and a big tin of sampler biscuits, no doubt he’s filled many lawyer’s Christmas stockings.

  • Champagneshane

    You can download and read the SC decision here;
    https://www.courtsofnz.govt.nz/cases/kim-dotcom-v-her-majesty2019s-attorney-general/at_download/fileDecision

    Interestingly the Chief Justice took only 25 pages of reasoning to arrive at her dissenting opinion and the other three took 57 pages of reasoning. But that is the nature of the SC being the ultimate appeal court. It has to argue all angles because it is interpreting definitively what parliament probably intended when it passef the laws

  • And still we have to wait until June before the circus kicks off, which will be adjourned and then it’ll be September, then November then March 2016….

    Running stories like IP in the USA must be groundwork for a celebrity platform, he’s going and wants to be, of course, the ringmaster. If only there was a secret stash of money somewhere.

  • Curly1952

    Great Xmas present for all New Zealanders with a conscience.
    Further, it is good to see the NZ judicial system showing some spine. Their comments that the warrant could have been drafted more precisely, in earlier days would have seen the verdict going in favour of the crim. Hope they keep it up.

  • Eiselmann

    Enjoy your Christmas Kim , I mean that (hides smirk) because next year you’ll be sharing a very special Christmas with Bubba and his mates. Of course by rights Nicky knowingly making a profit out of crime should be facing a similar fate but he won the Kiwi lottery and so has to deal with our justice system ,if he ever does actually end up in court …where he’ll be given a hug , asked not to be naughty again and be told its everyone else’s fault…

    • and receive some form of compensation . . .

  • Fat Sally

    BWAHAHA just realised KDC has blocked me on Twitter. Obviously he is not a fan of “freedom of speech.”

  • Mark J

    I can’t wait for the second rate, wannabe bond villain to be extradited in an orange onesie and for the rest of the dominoes to begin to fall…

  • Huia

    I was really pleased to see he copped another spanking. He came out here to ride over the top of the natives and Colonials, his throwing money around, buying people, hacking, corruption, tying up our court system, trying to overthrow our elected Government, treating Kiwi’s to the old Nazi style Jewish discrimination, that chanting will live with me for ever as it showed how thick and gullible some ordinary people are to buy into that sort of hatred.
    We do not need that sort of corruption here in NZ, I believe we will have enough to cope with in the future with that Islamic peaceful religion, so the last thing we need is Dot Com and his supposedly ex wife.

  • Wallace Westland

    Well knock me over with a feather duster. Sian Elias handing down a judgement that reflects the will of the people and the intent of the police. Surely this is a red letter day?

    • grumpy

      No, she was the lone dissenting voice. Probably on instructions from she who appointed her……

      • Wallace Westland

        Ahhh…now you see THAT makes lots more sense. Thanks for the update.

  • 1951

    We need to see those in the media who were so keen to hold Dot com’s hand, be held to account and soon!!

39%