Dotcom settlement over police misconduct

A sudden splurge of Kim Dotcom news – he has announced he has settled with the police over misconduct over the raid – I think this is fair enough as the police seemed to take measures that were unjustified in the extent they went to.


Dotcoms Announce Settlement of Lawsuit Against New Zealand Police for Unreasonable Conduct During January 2012 Raid

Auckland, New Zealand, 3 November, 2017

Kim Dotcom and Mona Dotcom announce that they have resolved their lawsuit against the New Zealand Police in which the Dotcoms sought a remedy for their claim about the unreasonable use of force in the military-style raid of their family home in January of 2012. The Dotcoms also raised the concern that their home and family had been under intrusive visual surveillance by the Police which had not been authorised by the Court.

The complaint arose from events occurring in the early morning of January 20, 2012, when 72 police officers including the heavily armed Special Tactics Group (STG) and the Armed Offenders Squad (AOS) descended on the Dotcoms’ family home in Coatesville to make a number of arrests at the request of the United States in an Internet copyright matter. Landing two helicopters just outside the family home, the entry team sprang to action, wielding M4 Bushmaster rifles.

The forces entered the Dotcom home and held the Dotcom family, staff and guests at gunpoint. The officers caused considerable damage to the Dotcom property as they stormed through the house, around the grounds and over the roof. Mona Dotcom, who was 7 months pregnant with twins, and the Dotcom children were traumatised. Neither the Dotcoms nor their guests were allowed to talk to each other or their lawyers for an unreasonable period.

The United States’ basis for the raid, online copyright infringement, is not even a crime in New Zealand.

The lawsuit against the New Zealand Police sought an acknowledgment of the harm caused to the Dotcom family, including the children, Mona and Kim.

“Today, Mona and I are glad to reach a confidential settlement of our case against the New Zealand Police. We have respect for the Police in this country. They work hard and have, with this one exception, treated me and my family with courtesy and respect. We were shocked at the uncharacteristic handling of my arrest for a non-violent Internet copyright infringement charge brought by the United States, which is not even a crime in New Zealand. They could have easily knocked at our door at a reasonable hour and advised me of my arrest. Instead, due to what I believe was a misguided desire to cater to the United States authorities and special interests in Hollywood, a simple arrest became a Hollywood-style publicity stunt tailored to appease US authorities. The New Zealand Police we know do not carry guns. They try to resolve matters in a non-violent manner, unlike what we see from the United States. We are sad that our officers, good people simply doing their job, were tainted by US priorities and arrogance.” says Kim Dotcom. “We sued the Police because we believed their military-style raid on a family with children in a non-violent case went far beyond what a civilised community should expect from its police force. New Zealanders deserve and should expect better.”

Kim Dotcom further stated, “until recently, Mona and I wanted vindication in the High Court so that those involved would take responsibility for the raid. We have taken time to consider whether a trial would be in the best interests of our family. The New Zealand Government has recently changed for the better. Our children are now settled and integrated safely here into their community and they love it. We do not want to relive past events. We do not want to disrupt our children’s new lives. We do not want to revictimise them. We want them to grow up happy. That is why we chose New Zealand to be our family home in the first place. We are fortunate to live here. Under the totality of the circumstances, we thought settlement was best for our children.”

Ron Mansfield, New Zealand counsel for the Dotcoms, stated, “the Dotcoms hope that this action has brought the Police misconduct to everyone’s attention and that it has led to change in the way Police will handle future similar operations. The misconduct of the Government Communications Security Bureau (GCSB), which accepts that it also unlawfully spied on the Dotcom family by the interception of private communications over an extended period, remains before the Court. The GCSB refuses to disclose what it did or the actual private communications it stole. The Dotcoms understandably believe that they are entitled to know this. That action is pending appeal in the Court of Appeal.”


NZ Herald repeat most of this but add:

The settlement came after a damages claim was filed with the High Court over what was considered an “unreasonable” use of force when the anti-terrorism Special Tactics Group raided his $30 million mansion in January 2012.

The raid was part of a worldwide FBI operation to take down Dotcom’s Megaupload file-sharing website which was claimed to be at the centre of a massive criminal copyright operation.

Dotcom and three others were arrested and await extradition to the United States on charges which could land them in prison for decades.

The NZ Herald has learned earlier settlements were reached between police and others arrested, including Bram van der Kolk and Mathias Ortmann.

It was believed their settlements were six-figure sums and it is likely Dotcom would seek more as the main target in the raid.

 

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13 Comments

  1. artcroft

     /  November 3, 2017

    It seems pretty clear that the FBI told the NZ Police what to do and how to do it. I wouldn’t be upset to see the police commissioner sent down the road for this.

    • Gezza

       /  November 3, 2017

      The Press Statement seems to be a reasonable summary of what went down, & The Big Guy deserves the apology for that ridiculous Rambo affair.

    • Alan Wilkinson

       /  November 3, 2017

      Absolutely, it was a ridiculous Hollywood stunt complete with cameras. Disgraceful.

    • Blazer

       /  November 4, 2017

      All orchestrated by Honky Tonks.

  2. Corky

     /  November 3, 2017

    Damn right, Arty. That’s like someone else tying your hostler to your inner thigh. It’s just not done. That violates a mans sovereignty.

  3. robertguyton

     /  November 3, 2017

    “The New Zealand Government has recently changed for the better.”

    Well said, Mr Dotcom.

  4. Trevors_Elbow

     /  November 4, 2017

    Is he still a thing?

    • robertguyton

       /  November 4, 2017

      Pete George, the poster of the post, believes so, clearly.