Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Court reserves decision on inaccurate Dotcom search warrants

Court reserves decision on inaccurate Dotcom search warrants

By Paul McBeth

Nov. 28 (BusinessDesk) - The Court of Appeal has reserved its judgment on whether the search warrants carried out during the high-profile arrest of Mega founder Kim Dotcom were so deficient as to be invalid.

The Attorney-General appealed a High Court ruling that declared the search warrants invalid by not being specific enough, by not stating the electronic nature of the copyright offence, or that the US was the nation where he was alleged to have broken the law and to where he was facing extradition.

David Boldt, appearing for the Attorney-General, told the bench it was accepted that the search warrants were clumsily written with errors of expression, but insisted they were valid because they contained enough information and were supported by an arrest warrant.

“The Crown doesn’t shrink from the fact these warrants contained errors,” Boldt told the court.

While there may have been omissions on the face of the warrant, Boldt said it contained enough information for Dotcom and his co-accused to understand what the charges were, and were issued at the same time as the arrest warrant, which did contain the appropriate information.

Paul Davison QC, counsel for Dotcom, told the appeal court that Chief High Court Justice Helen Winkelmann was right to declare the warrants so insufficient as to be invalid, but if the Appeal Court deemed her to be wrong, that prejudiced his client so much as to amount to a miscarriage of justice.

While the US Federal government has received 19 cloned copies of hard-drives uplifted from Dotcom’s mansion, he is still prevented from accessing information needed to aid his defence, Davison said.

Earlier in the hearing, Boldt said there was a very high threshold before a warrant could be declared invalid, and that these contained enough information as not to prejudice Dotcom.

Among the disputed issues were whether the District Court judge who signed the warrant should have imposed conditions on the search warrant to ensure Dotcom and his co-accused received copies of their information once it had been sifted through and the relevant material uplifted.

Justice Tony Randerson questioned Boldt as to why conditions weren’t prescribed and the appropriate specifications weren’t in place. Boldt accepted the short-comings in the search warrant, though said the legislation didn’t require conditions to be imposed.

The hearing is the latest in a series of legal challenges by Dotcom, intended to head off the US Federal Government’s bid to extradite Dotcom and his co-accused Finn Batato, Mathias Ortmann and Bram van der Kolk to face charges of conspiracy to operate websites used to illegally distribute copyrighted content.

The allegations are claimed to have cost copyright holders some US$500 million, of which US$125 million was pocketed by the accused, Boldt said.

(BusinessDesk)


© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Cosmetics & Pollution: Proposal To Ban Microbeads

Cosmetic products containing microbeads will be banned under a proposal announced by the Minister for the Environment today. Marine scientists have been advocating for a ban on the microplastics, which have been found to quickly enter waterways and harm marine life. More>>

ALSO:

NIWA: 2016 New Zealand’s Warmest Year On Record

Annual temperatures were above average (0.51°C to 1.20°C above the annual average) throughout the country, with very few locations observing near average temperatures (within 0.5°C of the annual average) or lower. The year 2016 was the warmest on record for New Zealand, based on NIWA’s seven-station series which begins in 1909. More>>

ALSO:

Farewell 2016: NZ Economy Flies Through 2016's Political Curveballs

Dec. 23 (BusinessDesk) - New Zealand's economy batted away some curly political curveballs of 2016 to end the year on a high note, with its twin planks of a booming construction sector and rampant tourism soon to be joined by a resurgent dairy industry. More>>

ALSO:


NZ Economy: More Growth Than Expected In 3rd Qtr

Dec. 22 (BusinessDesk) - New Zealand's economy grew at a faster pace than expected in the September quarter as a booming construction sector continued to underpin activity, spilling over into related building services, and was bolstered by tourism and transport ... More>>

  • NZ Govt - Solid growth for NZ despite fragile world economy
  • NZ Council of Trade Unions - Government needs to ensure economy raises living standards
  • KiwiRail Goes Deisel: Cans electric trains on partially electrified North Island trunkline

    Dec. 21 (BusinessDesk) – KiwiRail, the state-owned rail and freight operator, said a small fleet of electric trains on New Zealand’s North Island would be phased out over the next two years and replaced with diesel locomotives. More>>

  • KiwiRail - KiwiRail announces fleet decision on North Island line
  • Greens - Ditching electric trains massive step backwards
  • Labour - Bill English turns ‘Think Big’ into ‘Think Backwards’
  • First Union - Train drivers condemn KiwiRail’s return to “dirty diesel”
  • NZ First - KiwiRail Going Backwards for Xmas
  • NIWA: The Year's Top Science Findings

    Since 1972 NIWA has operated a Clean Air Monitoring Station at Baring Head, near Wellington... In June, Baring Head’s carbon dioxide readings officially passed 400 parts per million (ppm), a level last reached more than three million years ago. More>>

    ALSO:

    Get More From Scoop

     
     
     
     
     
     
     
     
    Business
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news