Court Ruling: Kim DotCom Warrants Invalid, Data Taken By FBI Illegally
A high court judgment released today has found that warrants used by police to sieze property from Kim Dotcom were invalid, and the copies of computer data should not have been taken overseas.
"Police relied on invalid warrants when they searched the properties & seized the various items. The search & seizure was therefore illegal."
"...If I am wrong that the warrants were invalid, then it is nevertheless clear that the Police, in executing the warrants, have exceeded what they could lawfully be authorised to do."
"The release of the cloned hard drives to the FBI for shipping to the United States was contrary to the 16 February direction given under s49(2) of the MACMA [Mutual Assistance in Criminal Matters Act] that the items seized were to remain in the custody and control of the Commissioner of Police. It was therefore in contravention of s49(3) of the MACMA."
How matters proceed will be considered in a hearing scheduled for July 4. Appeals are also likely.
Full judgment: CIV2012404192828062012reduced.pdf
Rush text version of judgment based on automatic text-recognition of PDF (CONTAINS TEXT AND FORMATTING ERRORS)
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Previously on Scoop:
- Kim Dotcom Raps On John Banks
- Megaupload's Kim Dotcom Bailed
- Gordon Campbell on Kim Dotcom’s bail application
- Megaupload.com shut down; Four Arrested In New Zealand
- Megaupload shutdown and arrests: The indictment