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

 

Post-Post: Brian Roche To Step Down As NZ Post CEO

Brian Roche will step down as chief executive of New Zealand Post in April 2017, having led the state-owned postal service's drive to adjust to shrinking mail volumes with a combination of cost cuts, asset sales, modernisation and expansion of new businesses. More>>

ALSO:

Company Results: Air NZ Rides The Tourism Boom With Record Full-Year Earnings

Air New Zealand has ridden the tourism boom and staved off increased competition to deliver the best full-year earnings in its 76-year history. More>>

ALSO:

New PGP: Sheep Milk Industry Gets $12.6M Crown Funding

The Sheep - Horizon Three programme aims to develop "a market driven, end-to-end value chain generating annual revenues of between $200 million and $700 million by 2030," according to a joint statement. More>>

ALSO:

Half Full: Fonterra Raises Forecast Milk Price

Fonterra Co-operative Group Limited today increased its 2016/17 forecast Farmgate Milk Price by 50 cents to $4.75 per kgMS. When combined with the forecast earnings per share range for the 2017 financial year of 50 to 60 cents, the total payout available to farmers in the current season is forecast to be $5.25 to $5.35 before retentions. More>>

ALSO:

Keep Digging: Seabed Ironsands Miner TransTasman Tries Again

The first company to attempt to gain a resource consent to mine ironsands from the ocean floor in New Zealand's Exclusive Economic Zone has lodged a new application containing fresh scientific and other evidence it hopes will persuade regulators after their initial application was turned down in 2014. More>>

Wool Pulled: Duvets Sold As ‘Premium Alpaca’ Mostly Sheep’s Wool

Rotorua business Budge Collection Limited (Budge) and sole director, Sun Dong Kim, were convicted and fined a total of $71,250 in Auckland District Court after each pleading guilty to four charges of misrepresenting how much alpaca fibre was in their duvets. More>>

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news