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

 

Strike: Lyttelton Port Workers Vote To Escalate Dispute

Members of the Rail and Maritime Transport Union (RMTU) at Lyttelton Port today voted to escalate their industrial action. Around 200 RMTU members have been operating an overtime ban since 17 December and today they endorsed a series of full withdrawals of labour at the port. More>>

ALSO:

Scoop Business: NZ Dollar Falls To 3-Year Low As Investors Favour Greenback

The New Zealand dollar fell to its lowest in more than three years as investors sold euro and bought US dollars, weakening other currencies against the greenback. More>>

ALSO:

Scoop Business: NZ Govt Operating Deficit Smaller Than Expected

The New Zealand’s government’s operating deficit was smaller than expected in the first five months of the financial year as a clampdown on expenditure managed to offset a shortfall in the tax-take from last month’s forecast. More>>

ALSO:

0.8 Percent Annually:
NZ Inflation Falls Below RBNZ's Target

New Zealand's annual pace of inflation slowed to below the Reserve Bank's target band in the final three months of the year, giving governor Graeme Wheeler more room to keep the benchmark interest rate lower for longer.More>>

ALSO:

NASA, NOAA: Find 2014 Warmest Year In Modern Record

Since 1880, Earth’s average surface temperature has warmed by about 1.4 degrees Fahrenheit (0.8 degrees Celsius), a trend that is largely driven by the increase in carbon dioxide and other human emissions into the planet’s atmosphere. The majority of that warming has occurred in the past three decades. More>>

ALSO:

Scoop Business: New Zealand’s Reserve Bank Named Central Bank Of The Year

The Reserve Bank of New Zealand’s efforts to stifle house price inflation by using new policy tools has seen the institution named Central Bank of the year by Central Banking Publications, a publisher specialising in global central banking practice. More>>

ALSO:

Get More From Scoop

 
 
Standards New Zealand

Standards New Zealand
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news