New Zealand is carrying out a judicial review as to how its coppers ended up carrying out a bizarre illegal raid on Kim Dotcom.
Coppers who carried out the police raids on Kim Dotcom’s mansion will have to take the stand to give evidence as part of the judicial review.
The warrants were issued on behalf of the FBI, which was acting as enforcers for Big Content in Hollywood. Last week they were ruled illegal by High Court judge Helen Winkelmann who also said that it was unlawful for copies of Dotcom’s computer data to be taken to the US.
According to the Kiwi press, Dotcom wants an independent lawyer to go through the seized evidence and return all irrelevant material to him.
The US government has charged Dotcom and three others in the US with multiple copyright offences and are trying to extradite him.
His lawyers want an independent lawyer to be appointed by the court to go through the evidence and decide what is important.
Crown lawyer John Pike, appearing for the Attorney General, agreed sorting the mess out “was not simple” and part of the problem was that the Crown had been working for a foreign government.
The Americans are worried that giving an independent barrister, he feared that would give that person “disproportionate authority”. In otherwords they are worried that he will not let them have evidence that they desperately need to make a case against Dotcom.
What appears to be happening is that the case is “breaking new ground” in extradition law in New Zealand. Not only is the judicial review of the search warrants’ legality a new feature of an extradition case, but also another decision by a district court judge to award disclosure to Dotcom has meant that suddenly people charged have more rights. To hear what evidence the FBI had against them to demand their life being ruined.
The FBI is appealing that point. It thinks that governments like New Zealand should turn over who ever it names as a suspect to face a kangaroo court in the US without showing any evidence.