Court of Appeal rules Kim Dotcom eligible for extradition

The Court of appeal has upheld findings by the District Court and the High Court that Kim Dotcom is eligible for extradition to the United States, but Dotcom quickly signalled what was expected, he would seek leave too appeal from the Supreme Court.

RNZ: Kim Dotcom eligible to be extradited to US, court rules

The Court of Appeal released its finding today, upholding the decision of the High Court and District Court.

Mr Dotcom and his three co-accused – Bram Van der Kolk, Matthias Ortmann and Finn Batato – are eligible for surrender on charges of money-laundering and copyright breaches related to the defunct file-sharing website Megaupload.

The court also ruled that evidence Mr Dotcom and his co-accused said they were prevented from calling would not have affected the decision to extradite.

“The evidence the appellants say the United States wrongfully prevented them from calling would not affect the question of whether there is sufficient evidence to make out a prima facie case.”

From the judgment:

[332] We accordingly confirm the eligibility determination made by the District Court. We direct that the District Court should now proceed without further delay to complete its duties under s 26 of the Extradition Act in accordance with the determination.

[333] We dismiss the appeal against Gilbert J’s decision to decline judicial review.

RNZ:

The decision on extradition now rests ith the Minister of Justice Andrew Little, according to the Extradition Act.

That may not be the case, given Dotcom’s response:

But three different courts have supported extradition.

Dotcom has the money to take this to the highest judicial level, and his money has bought him years of time, but the time at least could be running out.

Stuff:  Kim Dotcom loses appeal against extradition, will take case to Supreme Court

After losing their case against extradition in the North Shore District Court, and then on appeal in the High Court, the four men had appealed to the Court of Appeal, which on Thursday rejected their arguments.

Dotcom said he was “extremely disappointed” by the decision, and would appeal it to the Supreme Court.

“My legal team are confident that the Supreme Court will hear the appeal given there are such significant legal issues at stake,” Dotcom said.

Dotcom, in his response to the judgment, said: “The court’s interpretation of the relevant copyright provisions cannot be right.

“The precedent set is concerning and has ramifications in New Zealand outside my case. The decision exposes Internet Service Providers to criminal liability for the misuse of their services by users, as is claimed against me.

This is something that, as any rudimentary review of the legislative history makes clear, and the High Court accepted, was never intended. The Court was taken through that history but has not referred to it.

“As people will know, I am prepared to fight to get justice, whether it is for me or others,” Dotcom said.

More to the point, he is trying to avoid facing the US justice system.

However, acting Prime Minister Winston Peters said the possibility of appealing wasn’t clear cut.

“I am told he seeks to appeal, whether he can or not is a matter of debate.

I think that seeking leave to appeal from the Supreme Court will happen before it goes to the Minister of Justice for a final decision.

 

 

20 Comments

  1. Gezza

     /  July 6, 2018

    Certainly going to be interesting if the case ultimately winds up before the current Minister of Justice. Hard to say which way he would go.

    If it wound up before a National Party Minister of Justice I expect an FBI jet with at least one super-sized seat would be parked up on the tarmac the night before.

    • High Flying Duck

       /  July 6, 2018

      It would be “highly unusual” for a minister to go against the ruling of the courts. That said, Andrew Little is a member of the don’t listen to anyone government, so who the hell knows…
      Supreme court to go still – will they allow an appeal?

      • Blazer

         /  July 6, 2018

        talk about ‘not listening’..

        Key on Treasuries long term economic projections…’I’m telling you its a load of nonsense,because they can’t get projections in 44 days right,let alone in 44 years’!NBR.

        • Gezza

           /  July 6, 2018

          WTF?

          • Blazer

             /  July 6, 2018

            ‘Andrew Little is a member of the don’t listen to anyone government, so who the hell knows…’

            • Gezza

               /  July 6, 2018

              When was Sir John The Sellout the Minister of Justice?

            • Blazer

               /  July 6, 2018

              just one example of a ‘ don’t listen to anyone government, ‘…plenty more.

          • Kitty Catkin

             /  July 6, 2018

            Change the record, the needle’s stuck on that one.

        • High Flying Duck

           /  July 6, 2018

          Key was right.

          • Blazer

             /  July 6, 2018

            rreally!…how then can we take this seriously?

            ‘The Government wants to make New Zealand predator-free by 2050, formally adopting a target to eradicate all pests that threaten New Zealand’s native birds.

            Prime Minister John Key announced the goal, alongside Conservation Minister Maggie Barry, as well as a $28 million funding injection into a joint venture company to kickstart the campaign.

            “Rats, possums and stoats kill 25 million of our native birds every year, and prey on other native species such as lizards and, along with the rest of our environment, we must do more to protect them,” Key said.’

            • High Flying Duck

               /  July 6, 2018

              We were talking about his comments on the Treasury projections.
              The predator policy is only coming to the end of year 2…

            • Blazer

               /  July 6, 2018

              we were and now I’m pointing out he wasn’t averse to making his own long term projections.
              Should we have taken them or anything else he said seriously?

            • High Flying Duck

               /  July 6, 2018

              The predator free policy is a targeted goal – it is an aspirational statement of where he wants the country to be.
              Treasury forecasts show where they think the country will be in the future based on their analysis.
              Very different things, and Key was correct in his assessment. Treasury were too pessimistic.and predicted “ballooning Government debt” when National actually brought us back from the Cullen spend into surplus.

            • Blazer

               /  July 6, 2018

              FANTASY…’Treasury were too pessimistic.and predicted “ballooning Government debt” when National actually brought us back from the Cullen spend into surplus.’.

          • 2Tru

             /  July 6, 2018

            How did discussion on Kim Dotcom slide off on a tangent so quickly. Mind you, this household is pretty sick of hearing about Kim Dotcom and his delay tactics. The very mention of his name sends my wife screaming into the kitchen. I had forgotten about him until this week. I can’t believe extradition takes this long. We are way too soft as a country – past time to harden up.

            • Blazer

               /  July 6, 2018

              Dotcom’s a very wealthy man.
              I thought NZ had the welcome mat out for his ilk.
              Has not committed any crime in NZ.
              Only the envious want him…gone.

            • High Flying Duck

               /  July 6, 2018

              Interesting that the only wealthy person you see fit to throw support behind is a criminal who harmed many artists – including a number of NZ’ers with his piracy website.

            • Kitty Catkin

               /  July 6, 2018

              He is also a shameless hacker, has convictions here, and is cruel to animals.

  2. NOEL

     /  July 6, 2018

    He’s proved the adage “if you have been called to the courts lawyer up.” QC preferable.