So, Kim Dotcom, where are we at?

I'm coming to steal your democracy

You dumb arsed farmers haven’t been able to get rid of me yet

Ars Technica have provided a useful summary of where we got to where Kim is today, and what is likely to happen from here on in:

Since the Megaupload raid and Dotcom’s arrest, the United States has filed a formal extradition request with Crown Law (New Zealand prosecutors, who act here as agents of the US) to get him across the Pacific. US prosecutors want Dotcom to appear before a federal judge in Virginia where the case was filed. So why is he still in New Zealand?

In short, Dotcom’s legal team has done a fantastic job of defending their client. His lawyers have thrown wrench after wrench into the legal process, appealing at nearly every turn and challenging the validity of the warrant executed upon the Dotcom estate.

The man whom New Zealand authorities dubbed “Billy Big Steps” has won some intermediate victories along the way, including recently defeating a bid to get him thrown back in jail. In September 2012, the New Zealand Prime Minister even apologized for the government’s illegal spying on Dotcom.

But in the most recent legal showdown, Dotcom’s lawyers came up short. On December 24, 2014, the Supreme Court of New Zealand found in a 5-1 decision that the search warrants served upon Dotcom and his three associates were valid despite flaws in their drafting. That decision—seemingly exhausting all challenges to the extradition process—finally paves the way for a June 2, 2015 extradition hearing. However, this will almost certainly be appealed to the New Zealand Court of Appeal and then to the Supreme Court of New Zealand. The process is likely to take months, if not longer.

The bottom line: Kim Dotcom probably won’t be sent to the United States in 2015 regardless of the outcome.

“Given the size and complexity of the global criminal copyright case of first impression it is possible that the extradition hearing can be delayed further,” Ira Rothken, Dotcom’s lead global counsel, told Ars via text message.

“For example we are transitioning to a new legal team in New Zealand. We are attempting to unfreeze funds for legal fees and costs in New Zealand to fund counsel. If that application gets delayed or if insufficient funds are made available for a proportionately sized legal team to handle a huge file, it can cause preparation hurdles for a June hearing.”

When Ars asked Rothken to clarify whether that means there would be motions to further postpone the June 2015 date, the lawyer responded: “That is under the control of the Government if they oppose a fair procedure by placing hurdles in the way of funding an extradition defense the Government could cause a delay in the extradition hearing.”

“If you want to delay it, you can delay it,” Page, the Atlanta lawyer, said. “If [Dotcom] wanted the case resolved, [he] could get on a plane and come over here.” Rothken did not directly respond to Ars’ query as to why Dotcom doesn’t simply appear in the Virginia court in order for the Farmer motion to proceed.

“Kim Dotcom has a presumption of innocence,” Rothken noted. “The US, by freezing all of Kim Dotcom’s assets, refusing to hand over evidence, and illegally removing data from New Zealand is trying to win on procedure rather than merit.”

In reality, the forfeiture case and the matter of extradition are mere details, albeit possibly important ones. In the now three-year-plus battle between Dotcom and the United States, the climax of the story will still center around one thing: the pending criminal charges.

“At some point there has to be an agitation of the merits, the longer he remains outside the US, the longer this will stay pending,” Pate, the Atlanta-based lawyer, said. “The government won’t walk away from it. it’s not going to go away the longer he fights on the extradition side. The case can remain pending indefinitely.”

Crown Law have all the time in the world.  Kim Dotcom doesn’t.   And in the mean time, delaying his extradition doesn’t solve his real problem:  facing the US judicial system on criminal charges.

But, it would appear we’re stuck with him for at least another year or so.  A year where, if he manages to get the resources, most likely via Mona and his bitcoin stash, he will do everything in his power to disrupt, damage and… destroy anybody.

 

– Ars Technica

 


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  • conwaycaptain

    Now behind the KDC Mansion is a ridge and I am sure someone positioned up there could “rid us of that troublesome priest” to quote Henry 11

    • Jimmie

      Thats a bit harsh conway. Leave that sort of talk to the frothing left to spout.

      It will be a good day when dotcom gets on a plane to LA but no matter how dirty he plays you cant wish for someone to take him out.

  • Grizz30

    Could you replay some of those “I will destroy you” recordings.

  • Heather Baugh

    Reminds me of Bleak house. The layers are all having a field day courtesy of .com’s money.

    • edee

      I guess it is in his lawyers best interest to string this out and take advantage of the situation by making it last as long as possible. A bit like not what they can do for .com but what .com can do for them.

      • OneTrack

        Not to mention what the kiwi taxpayer can do for them – lets pad it out a bit more, Algernon needs a new BMW.

  • So our Chief Justice is the dissenting judge out of the 5 that represent the top of our judicial tree. And that is supposed to give us confidence in our judicial process.

    • peterwn

      I am also concerned with the performance of our Supreme Court. They heard an important case affecting many ordinary hard working Kiwis last March and have still not come up with a judgment. UK has 12 Supreme Court judges ( presumably two parallel sittings) for 64 million odd people, Australia has 7 High Court (its highest court) judges for 23 million people and NZ 5-6 Supreme Court judges for 4.5 million people so there should be no excuse for the NZ Supreme Court not being on top of its work. Seems NZ’s Supreme Court is taking on too many cases (it has divine right to choose what cases it hears), whereas it should be considering whether to take on cases in the light of priorities (especially by the number of people potentially affected), such that cases are heard expeditiously and judgments issued reasonably promptly. For example a case potentially concerning thousands of people and small businesses should have priority over a case potentially affecting a small number of drink-drivers who have been fairly copped but are trying to save their licences. Extradition appeals would IMO be very low priority. Perhaps the government should he giving the Supreme Court a legislative nudge in this direction.

  • sheppy

    After reading this you have to wonder who will quit NZ first, KDC or the Herald!
    One things for sure, the lawyers are going to be very rich before this ends

    • Phoenician

      The Herald won’t quit NZ, it’ll just fade away. No chance of KDC doing that

  • HSV325

    He will be around for a couple of more years I reckon depending how his cashflow holds up.

  • wooted

    “Billy Big Steps” ?? I’ve heard him called a lot of things, none as mild as that!

    • edee

      I can think of lots of names to call him, but consider him not worth getting banned over.

  • Nebman

    Considering the US still has a sentencing option open on Roman Polanski after nearly 40 years, KDC has got no chance of out waiting them! They will get him in the end.

  • edee

    Hope Billy Big Steps has lots tied up in bitcoins.

    Bitcoin price plunges 32% in 2 days.
    http://www.nzherald.co.nz/personal-finance/news/article.cfm?c_id=12&objectid=11386845

  • Murray Smith

    Better hurry those lawyers up. Many more delays and he’ll drop dead of obesity here in NZ.
    Not putting my hand up to dig his grave.

    • edee

      May WO should invite him to join in the weight loss programme currently going.

      • spanishbride

        He is already mocking it on the fake twitter account he uses. He thinks he is undercover and oh so clever but the only things the fake twitter account tweets apart from digs at this Blog are re tweets of every tweet Kim Dotcom’s official account tweets and Mega of course duh!
        Here are a few examples:

        • edee

          That’s one very sour kraut. Wonder when he last looked in the mirror or maybe he’s too scared to.

  • fred flintstone

    To be perfectly honest I dont care if Bunter stays or goes.
    He hasnt done anything to hurt me personally.
    I am more annoyed with the media who fawn and carry on like he is god himself.
    If all those morons in the media ignored him, we would not hear about him.
    Unless I mistaken does Billy run the printing presses at the Herald or turns all the news channels from Coatsville. Dont think so.
    The funniest thing I have ever seen on TV was Campbell at Billys town hall meeting last year talking in hushed tones like we were awaitng the imminent reincarnation of the main man with the beard.

  • Pete

    Who own’s the house he lives in? We keep hearing it’s rented, obviously it will be a trust he “owns” somewhere along the line??? Anybody know?

    • Asian_driver

      Its owned by the founders of the Chrisco Empire, which in my opinion is a business that preys on the poor and has never caused any good

  • sandalwood789

    DotCom said that he’s “broke” – that’s a matter of public record.
    How, then, can he afford to keep up the legal fight? Is he paying via Bitcoins?
    How come he’s still in the mansion if he’s “broke”?
    There is something *very* dodgy with his financial situation.

    • Thats the fhing that worried me.

      His lawyer in the artical talked about the fight lasting as long as the NZ govt 1does not “oppose a fair procedure for funding an extradition defense”

      Sounds like the creature is reliant on us funding his freedom.

  • tinfoilhatguy

    He’s like a big ugly pimple that won’t go away.

    At least he’s keeping the local supermarkets and bakeries in business.

  • Lance Ralph

    ‘The panel’ is a travesty. A travesty that is unless what you want is anodyne and ill-formed opinion from … well from the sort of panelists that appear on the panel.

  • Wallace Westland

    Meanwhile each hearing and counter argument is coming out of the poor ol kiwi taxpayers pocket..Oh I know Kim is paying for his…but WE are paying for ours and it seems to me some of them are a bit overpaid and under talented.
    He’s still here!

  • Sir Cullen’s Sidekick

    May be they are delaying with the hope that in 2017, there will be a Labour-Green-NZ First-Mana toxic coalition government that will grant amnesty to Dotcon?

  • OneTrack

    We now know the NZ legal system is paid by the hour. It’s impressive how they have able to pad it out for so long. Kerching.

  • Nz front

    Kim is now a broke arse criminal, who wants his assets unfrozen. So that he can pay his legal fees. John key has to be harsh, just to show kimmy the full force of the law. Kimmy watch out for the cannibals, when you go to federal prison. They will make sausages out of you.

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