Listen up fatty, give up already, you’re going sooner or later

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.”

Wah, wah, wah…litigate in US courts where it belongs, this is a case to determine whether or not the fat bastard should be extradited. Unfortunately the others got caught up in his narcisissitic crusade to abscond from justice.

They had also been prevented from presenting evidence from US extradition law experts that would have shown the charges were not extraditable crimes, defence lawyers said.

Today, Crown lawyer Christine Gordon, who is acting for the US, said the evidence the men wanted to produce was either irrelevant to the extradition case, or would not have been enough to destroy the initial case against them.

“That would require showing that some part of the US evidence … must be regarded as completely unreliable or defective.”

None of the evidence the men had wanted to produce could do that, Ms Gordon said.

“[Their evidence] ignores the evidence of what the appellants knew and what the appellants did.

“They encouraged [Megaupload] users to upload infringing content, they paid them for what they knew was infringing content, and they preserved that content.”

Defence lawyer Ron Mansfield’s arguments had “a certain oratorial ring” but they were roundly contradicted by the concrete evidence the US had presented at the extradition hearing, she said.

However, Ms Gordon came in for intense questioning from Justice Gilbert over whether it was fair to prevent the men from presenting the evidence they had wanted to.

Dotcom wanted to basically litigate the case here…that’s not how extradition works.

The sooner that rendition plane arrives and leaves with its immense cargo the better.

Sooner or later he is going to get extradited. When that decision is handed down I’m going to hold an “Extradition party” and everyone has to wear orange.


– RadioNZ