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

 


Appeal Court cuts both ways on Dotcom warrants, cloned info

Appeal Court rules Dotcom search warrants valid, says cloned info shouldn’t have left NZ

By Paul McBeth

Feb. 19 (BusinessDesk) - The Court of Appeal has ruled in favour of government submissions that search warrants executed during the high-profile arrest of Mega founder Kim Dotcom in January 2012 were valid, though it agreed that the police shouldn’t have let cloned information leave the country.

Justices Ellen France, Tony Randerson and Douglas White granted the Crown’s appeal against an order declaring the warrants invalid, saying “the defects were defects in form not in substance,” according to a judgment released today.

“In our view a reasonable reader in the position of the recipients of the search warrants would have understood what they related to,” the judges said. “The defects in these warrants were therefore not so radical as to require them to be treated as nullities.”

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 Dotcom was alleged to have broken the law and to where he was facing extradition.

The Appeal Court didn’t agree with the Crown that the Police Commissioner was allowed to hand over cloned copies of information harvested from devices seized in the raid to the US Federal Bureau of Investigations without direction from the Solicitor-General.

“In our view, the words of the Solicitor-General’s direction in the present case plainly did not authorise removal of the clones to the United States,” the judges said.

“Once it is accepted that s49 (of the Mutual Assistance in Criminal Matters Act 1992) is not limited to custody of the original thing seized, but encompasses removal of the clones, the wording of the direction applied to require the Commissioner to retain ‘custody and control’ of the clones here in New Zealand ‘until further direction’ from the Solicitor-General,” they said.

In that respect, the judges upheld a High Court declaration that the removal of the clones from New Zealand wasn’t authorised and was unlawful.

The judges considered Dotcom and his co-accused should pay 60 percent of the costs of the Attorney-General.

The Nov. 28 hearing is part of a series of legal challenges 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.

(BusinessDesk)


© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Brewing: Lion To Buy Cult Upper Hutt Brewer Panhead

Lion - Beer, Spirits and Wine (NZ), New Zealand's biggest beer maker, has agreed to buy Panhead Custom Ales from the family of founder Mike Neilson, its second such purchase of a popular craft brewer after the acquisition of Dunedin-based Emerson's Brewing Co in 2012. More>>

ALSO:

Half Empty: Fonterra's 2017 Opening Forecast Below Expectations

Fonterra Cooperative Group raised its forecast farmgate milk payout for next season by less than expected as the world's largest dairy exporter predicts lower prices will crimp production and supply will pick up. The New Zealand dollar fell. More>>

ALSO:

Pest Control: Mouse Blitz Team Leaves For Antipodes

The Million Dollar Mouse project to rid Antipodes Island of mice is underway with the departure of a rodent eradication team to the remote nature reserve and World Heritage Area. More>>

Gongs Got: Canon Media Awards & NZ Radio Awards Happen

Radio NZ: RNZ website The Wireless, which is co-funded by NZ On Air, was named best website, while Toby Manhire and Toby Morris won the best opinion general writing section for their weekly column on rnz.co.nz and Tess McClure won the best junior feature writer section. More>>

ALSO:

Pre-Budget: Debt Focus Risks Losing Opportunity To Stoke Economy

The Treasury is likely to upgrade its forecasts for economic growth in Budget 2016 next week but Finance Minister Bill English has already signalled that more of his focus is on debt repayment than on fiscal stimulus or tax cuts... More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news