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

int_kim_dotcom_political_party_0327

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.

Of course, the team here are hoping for news that his journey trying to prevent extradition comes to an end today. But it may just be another step on this never-ending path.  Even so, even if he’s not on a plane by tonight, and even if he’s not remanded in custody due to being a flight risk, he’s most likely going to be told this is the beginning of the end.

Details remain sketchy, but at this stage we believe there is no more room for appeal.  There is a chance Amy Adams might veto the extradition on humanitarian or technical grounds, but I don’t see it happening.

Let’s see how things unfold…

kim-dotcom

If I was John Banks, I’d have a really, really fat mattress ready to be delivered to Mt Eden later today with  a note attached saying

Better late than never!  – John

2pm:  Kim Dotcom arrives at court in Auckland

OneNews

OneNews

Glenn Greenwald @ggreenwald
So bizarre/creepy how US continues to try to grab @KimDotcom even though he’s not American & never even visited US

WikiLeaks @wikileaks
[email protected] to learn his fate today – he has the same US prosecutor as Assange and @Snowden

No matter what happens in Court tomorrow, I’ll be fine. Don’t worry. Enjoy your Christmas & know that I’m grateful to have you, my friends. — Kim Dotcom (@KimDotcom) December 22, 2015

New Zealand Trends @trendinaliaNZ
6. #WhyWellington, 7. Buenos Aires, 8. Kim Dotcom, 9. Work and Income, 10. Louis and Danielle

Only 8th.  And well after Buenos Aires, for some unfathomable reason.   But at least he’s ahead of WINZ today.

Merry Mack-mass @jaidatruck
Kim Dotcom’s defence of ‘How did we know what people would put on our servers?’ makes me laugh every single time.

2:18pm

Kate Newton @katenewtonnz
Judge Nevin Dawson is on his way down from chambers

Kirsty Johnston @kirsty_johnston
At the Dotcom decision hearing. Judge is late. Fitting.

From 8 to 7

NewZealand Trenders @NZTrenders
6. Work and Income 7. Kim Dotcom 8. Louis and Danielle 9. Michael 10. #MangaRa

2:28pm

Kate Newton @katenewtonnz
Ok, Judge Dawson is still a few minutes away. At least 60 people in court including lawyers and journos

NZ Herald has a handy time line:

• December 2010: Dotcom arrives in New Zealand for the first time as a resident.

• January 2012: Police raid the Dotcom mansion, arresting the tycoon and three others on FBI charges of criminal copyright violation.

• February 2012: Dotcom is granted bail, with strict conditions, including that he may not leave the country.

• March 2012: The US lodges a request to extradite Dotcom and his co-accused.

• June 2012: A High Court judge rules police botched the search warrants used to raid Dotcom’s mansion.

• September 2012: It is revealed the GCSB spied on Dotcom when it shouldn’t have, prompting a review of the spy agency.

• January 2013: Dotcom launches his new site, Mega, on the first anniversary of the raid.

• March 2014: Supreme Court rules against Dotcom and says the US doesn’t have to disclose all the evidence it has against him.

• September 2014: Dotcom launches the internet Party, but the campaign ultimately ends in failure, winning no seats in Parliament.

• November 2014: Dotcom’s long-standing lawyer, Paul Davison, QC, steps down from the case.

• September 2015: After a year of delays, the extradition hearing finally begins.

• November 2015: Extradition hearing ends.

David Fisher is there, of course.  He’ll want to see how well Dotcom’s money was spent.

Kirsty Johnston @kirsty_johnston
More lawyers than media. Fisher estimates legal costs for both sides so far $20m

Well, you got to give David “Tainted” Fisher some credit, he’s going out at his master’s feet

https://twitter.com/nzherald/status/679475050098069506

2:36pm Court is in session

Kirsty Johnston @kirsty_johnston
Judge Dawson is going to read an abbreviated decision

You can’t make this stuff up…

Kate Newton @katenewtonnz
Delay in start was due to a court stapling machine malfunction, Judge Dawson says

Dawson J is reading.     Only up to background about Megaupload thus far.

2:49 All applications to stay the extradition are denied

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(wouldn’t be Whaleoil without another click-bait video, and we can’t quite find one with a kitten that works)

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Judge Dawson said there was an “overwhelming” amount of evidence that all 4 should be surrendered to the US – NZ Herald

It’s never over with Dotcom.  Never.

After years of courtroom battles, a judge has decided internet tycoon Kim Dotcom and his co-accused are eligible for extradition to face copyright infringement charges in the US.

A decision from Judge Nevin Dawson was handed down today, though does not mean Dotcom and his co-accused will be forced to leave New Zealand.

That decision is left for Justice Minister Amy Adams.

The group has 15 days to appeal the decision.  – 3 News

and

RNZ News @rnz_news
Kim Dotcom’s looks “forward to having the US request for extradition reviewed in the High Court.”

Judge Dawson said he wouldn’t read his entire decision aloud, because it would take too long. The formal judgment would be made available to all parties, including media.

He first addressed an earlier stay application applied for by Dotcom, which he rejected.

He then said that the the US had a “large body of evidence” which supported a prima facie case had been made.

“The respondents fall well short of undermining the case,” he said. — Stuff

Somehow it seems strange to have the NZ Herald gloat about it.   Putting the boot in after years of “support”.

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Anna Leask @AnnaLeask
He’s got 99 problems but bail ain’t one…. #Dotgone #Dotcom

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Well Ira, I think it’s the money laundering charges that are the problem,  not ISP safe harbour provisions.

Media scrum waits for Dotcom.

CW4DO-0UwAA1VOR

via Kirsty Johnson

Katie Bradford @katieabradford
On Dotcom, Justice Minister says if it isn’t appealed she will receive advice from officials on the relevant issues under Extradition Act

Katie Bradford @katieabradford
Justice Minister’s role is to determine whether any of the matters set out in the Extradition Act apply so extradition should not be ordered

They don’t. (New Zealand Extradition Act 1999)

To clarify the earlier Bail tweet:

The defendants will be allowed to remain out on bail in the meantime. Although the judge acknowledged there was a high risk of flight, he noted that the four had all abided by the terms of their bail since they were arrested. – wired.com

Kirsty Johnston @kirsty_johnston
Bail is the same conditions – checking in twice a week.

The beginning of the end it seems, indeed.

Justice Minister Amy Adams said that given the intention to appeal, it would be inappropriate for her to comment.

“The first step is to wait and see if the judgment is appealed. If it is not then I will need to consider the court’s determination and receive advice from the Ministry of Justice on the relevant issues under the Extradition Act.

“As the court’s decision may be appealed, it would be inappropriate for me to comment further at this time.”

Under the Extradition Act 1999, both the courts and the minister have roles in an extradition process.

While the court considers whether the evidence establishes that there is a case to answer, the Justice Minister determines whether extradition should be carried out.

“However, I haven’t begun to turn my mind to that question,” Adams said. “Such a decision would not arise until after the conclusion of any appeal of the legal finding that the respondents are eligible for extradition.”   — Stuff

3:31pm

nzherald @nzherald
In an interview before the extradition decision, Dotcom said no matter the outcome he is determined to live in NZ

And the media still wait for Mr Dotcom to appear.

via One News

via One News

Throughout the hearing, the Crown referred to many Skype and email messages that the men – especially Mr van der Kolk and Mr Ortmann – had sent each other, as evidence that they were fully aware of, and complicit in, how their site was being used.
In one conversation, Mr van der Kolk told Mr Ortmann it would be counter productive to try to save money by stopping reward payments to users who were uploading illegal files, “because growth is mainly based on infringement”.
That was the “big flaw” in their business model, he said at another time.
“We are making profit off more than 90 percent infringing files.”
Mr Dotcom – still their boss – sat just metres away in court as Crown lawyer Christine Gordon read out a discussion the pair had in 2007, worrying what the big-spending German would do if Megaupload did end up in legal trouble.
“What if the s*** really hits the fan,” Mr van der Kolk asked Mr Ortmann in a Skype message.
“Would he grab the last little bit of money and take off?” – RNZ

3:35pm

Dotcom addresses media briefly outside the court.

CW4IYKUUwAAiQYO

via Kate Newton

Kirsty Johnston @kirsty_johnston
“This is not the last word on the matter…we will go through this whole process until the very end.” – Dotcom

Kate Newton @katenewtonnz
Asked what he’s doing for Christmas: “I’m going home now”

The Daily Blog weighs in.

KATE LANG says: DECEMBER 23, 2015 AT 3:26 PM
He did f up the election, but the difference between Kim and Key is that Kim is human and has heart. Key is a tool of the USA.

The 5 Eyes have won – American jurisdiction into cyberspace has been established. Kim Dotcom is to be extradited to America where, without his wealth, he will face the full force of the State. He will appeal this afternoon. The schadenfreude being displayed by so many on Twitter at Dotcom being renditioned to America is ugly. NZ – a CIA client state – has done the dirty work for America and allowed corporate Hollywood the ability to claim sovereignty online. – Wrongly Wrongson

And here is a PDF of the Judgement.  And with that, the live post is closed.

 

 


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