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

 

Revenue Renewal: Tax Modernisation Programme Launched

Revenue Minister Todd McClay today released the first two in a series of public consultations designed to modernise and simplify the tax system. More>>

ALSO:

Scoop Business:
NZ Puts Seven New Oil And Gas Areas Put Up For Tender

A total of seven new areas will be opened up to oil and gas exploration under its block offer tendering system, as the New Zealand government seeks to concentrate activity in a few strategically chosen areas. More>>

ALSO:

Half Full: Dairy Payouts Steady, Cash Will Be Tight

Industry body DairyNZ is advising farmers to focus on strong cashflow management as they look ahead to the 2015-16 season following Fonterra's half-year results announcement today. More>>

ALSO:

First Union: Cotton On Plans To Use “Tea Break” Law

“The Prime Minister reassured New Zealanders that ‘post the passing of this law, will you all of a sudden find thousands of workers who are denied having a tea break? The answer is absolutely not’... Cotton On is proposing to remove tea and meal breaks for workers in its safety sensitive distribution centre. How long before other major chains try and follow suit?” More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news