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

 


Dotcom warrants a 'fishing expedition,' QC tells court

Dotcom search warrants a 'fishing expedition', Supreme Court hears

By Paul McBeth

Aug. 25 (BusinessDesk) - The search warrants executed in the high profile arrest of internet entrepreneur Kim Dotcom in 2012 were invalid and nothing more than a "fishing expedition," the Supreme Court heard today.

Dotcom and his co-accused Finn Batato, Mathias Ortmann and Bram van der Kolk want the country's top court to rule the warrants were invalid in their latest legal attempt to head off the US Federal government's bid to extradite them to the US, where they face charges of conspiracy to operate websites used to illegally distribute copyrighted material.

Counsel for Dotcom, Paul Davison QC, told the bench the warrants needed to be more specific and identify what within the vast amount of information stored on the electronic devices seized in the raid was relevant. That was to recognise the right to privacy an individual could expect under the Bill of Rights Act, he said.

"This was a general warrant and a fishing expedition - it was no more or less," he said.

Davison said the case warranted "a more surgical approach based on recognition of privacy, rather than a broad-brush, broad opening up of data that might be relevant," given the amount of information the authorities gathered in their long-running investigation into Dotcom and his associates.

Earlier this year the Court of Appeal ruled in favour of Crown submissions the search warrants were valid, with their deficiencies a matter of form rather than substance, and not great enough to declare them nullities.

Davison said the issue of an individual's right to privacy was fundamental to the functioning of a democratic society, and that the authorities didn't have the right to withhold Dotcom's property and information to use for a lawful purpose.

The Supreme Court hearing, before Chief Justice Sian Elias and Justices John McGrath, William Young, Susan Glazebrook and Terence Arnold, is set down for two days in Wellington, and is proceeding.

(BusinessDesk)

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Health And Safety: Bill Now Sees Rules Relaxed For Small Businesses

Health and safety law reform sparked by the Pike River coalmine disaster has been reported back from the industrial relations select committee with weakened requirements on small businesses to appoint health and safety representatives and committees. More>>

ALSO:

Bearing Fruit: Annual Fruit Exports Hit $2 Billion For First Time

The value of fruit exported rose 20 percent (up $330 million) for the June 2015 year when compared with the year ended June 2014. Both higher prices and a greater quantity of exports (up 9.0 percent) contributed to the overall rise. More>>

ALSO:

Interest Rates: NZ Dollar Jumps After RBNZ Trims OCR

The New Zealand dollar jumped more than half a US cent after Reserve Bank governor Graeme Wheeler cut the official cash rate by a quarter-point and said the currency needs to be lower, while dropping a reference to criteria that justified intervention. More>>

ALSO:

Drones: New 'World-Class' Framework For UAVs

The rules, which come into effect on 1 August, recognise the changing environment and create a world-class framework that accommodates ongoing development while still ensuring the safety of the public, property and other airspace users. More>>

ALSO:

Scoop Business: NZ Net Migration Reaches New Annual Record In June

New Zealand annual net migration rose to a new record in June as arrivals continued to be bolstered by Chinese and Indian students, while fewer locals departed for Australia. More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news