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

 

Housing: Affordability Drops 14%, Driven By Auckland Prices

Housing affordability across New Zealand fell 14 percent in the year ending November 2014, with Auckland’s lack of affordability set to reach levels it hit during the height of the global financial crisis, according to the latest Massey University Home Affordability Report More>>

ALSO:

The Dry: Fonterra Drops Forecast Milk Volumes By 3.3 Percent

Fonterra Cooperative Group, the worlds largest dairy exporter, reduced its milk volume forecast for the 2014-2015 season by 3.3 per cent due to the impact of dry weather on production in recent weeks. More>>

ALSO:

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:

Get More From Scoop

 
 
Standards New Zealand

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