Surprise – Dotcom hearing delayed

February 24th, 2014 at 1:00 pm by David Farrar

Stuff reports:

Kim Dotcom’s extradition hearing is likely to be delayed by eight months – and the internet mogul believes it is because of this year’s election.

It’s likely to be delayed as Dotcom is appealing to the Supreme Court. Nothing to do with the election.

Dotcom wants the cloned hard drives returned to New Zealand. He says without them his legal team can’t prepare for the hearing.  

That seems difficult to comprehend. They are clones. How can the location of them affect his access to the original? It sounds like a red herring.

It was bad that the FBI were allowed to take a clone, which was not authorised by the court. There should be consequences for that breach. So I am not excusing that. But again, how does the existence and location of the clones drives impact the ability to go to trial? It sounds like an excuse to delay to me.

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27 Responses to “Surprise – Dotcom hearing delayed”

  1. Andrei (2,532 comments) says:

    It sounds like an excuse to delay to me.

    So what? Why shouldn’t he delay it, if it suits his interests?

    [DPF: The point being that he is pretending he doesn't want a delay]

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  2. Elaycee (4,337 comments) says:

    Given the ill judged comment from Wussel Norman that he would not support any extradition (regardless of what the Courts may decide) I can only surmise that DotCon is hanging on for dear life in the hope that Wussel may be part of the next Government.

    For my money: The sooner we see Dotcom’s more than ample silhouette disappear down the airbridge into NZ6, the better.

    With or without handcuffs.

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  3. metcalph (1,412 comments) says:

    FWIW The FBI can’t read the clones because Dotcom and his fellow defendants have not yet given up the passwords.

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  4. tvb (4,263 comments) says:

    Perhaps KDC is gambling on a change in Government that would block the extradition as Russell Norman has signaled.

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  5. budgieboy (107 comments) says:

    Oh come on, who writes this stuff???

    I mean seriously this is such utter crap how can any self-respecting journo regurgitate this rubbish?

    Give me friggin’ strength!

    And they actually wonder why blogs are on the increase?

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  6. Dean Papa (782 comments) says:

    Poor KDC. Miserable Kiwi ratbags were happy to accept his bribe … err I mean investment … to allow him to enter this great country. From what I hear they were literally begging him to come in. Now they turn their backs on him. Disgraceful.

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  7. georgebolwing (687 comments) says:

    Mr Dotcom could avoid the delay by simply surrendering to the police and voluntering to go to the US to defend the charges against him. There he will have all the protections the US Bill of Rights gives accused (you know, the right to remain silent, th right to consult a lawyer, the right to have a lawyer provided for free if you can’t afford one), which are probably greater than what he would have in New Zealand.

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  8. davidp (3,561 comments) says:

    I see the evil machinations of John Key behind this delay. National would love Dotcom to be in the media from now until the election, especially if he continues to guide the policies of the Greens, Labour, and NZ First.

    National will also hope that Len Brown doesn’t resign. The longer Brown stays on, the higher National’s vote share in Auckland.

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  9. Alan (1,086 comments) says:

    My understanding is that he doesn’t have access to his data. He doesn’t have the originals.

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  10. edhunter (523 comments) says:

    Interested to know (not enough to research myself) if that makes any information or evidence on the clones inadmissible, & even if another source of the same information is found does that make it also inadmissible because of tainting?

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  11. igm (1,413 comments) says:

    Just pack this insufferable obese criminal on a plane and get him, and any supporters (if there are any now he is short of bucks) as far away from our shores as possible. He is a charlatan, interfering in our political and legal systems, and apart from a few bauble chasers, he is definitely not wanted here by anyone!

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  12. alwyn (402 comments) says:

    I suspect that the only reason he wants the clones of his discs, and all other copies of the discs, is so that he, and his lawyers, can alter the material without taking the chance that they will be accused of falsifying evidence in the extradition hearings.
    Think of the difficulty he would be in if he gave evidence under oath and someone with access to the cloned copies of his discs could show that the evidence given was a pack of lies. Perjury attracts what sort of penalty?

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  13. jackinabox (781 comments) says:

    “Mr Dotcom could avoid the delay by simply surrendering to the police and voluntering to go to the US to defend the charges against him. There he will have all the protections the US Bill of Rights gives accused (you know, the right to remain silent, th right to consult a lawyer, the right to have a lawyer provided for free if you can’t afford one), which are probably greater than what he would have in New Zealand.”

    Would you georgebolwing surrender yourself to a country that routinely kills its own citizens by drone attack?

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  14. wikiriwhis business (3,883 comments) says:

    The French took their criminals off us how does NZ get back what the US takes off us

    That’s why I think you’re all a bunch of ignoramuses on this blog.

    It’s about sovereignty blowhards!!!!

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  15. MT_Tinman (3,064 comments) says:

    Why bother with a hearing?

    He’s not a NZer, just quietly explain to him that if he’s still in NZ in three days time he’ll be made to walk home – to Germany ;-)

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  16. Duxton (598 comments) says:

    Does anyone know whether the fat German is getting legal aid? I would have strong objections to having my taxes spent on this crook.

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  17. JMS (314 comments) says:

    @ MT_Tinman

    They hate him in Germany as well.

    But if the NZ Govt gave him the option to return there tomorrow, he would take it, rather than possibly be extradited to the USA.

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  18. tvb (4,263 comments) says:

    I would expect KDC to be paying privately. He is here by a quirk in the law. I fail to see how he can fail the character test to own property but pass it for immigration purposes. Why cannot they simply cancel his visa and let us see what happens next.

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  19. tedbear (129 comments) says:

    Anyone who believes Mr Dotcom doesn’t have a copy is in lala land.
    I mean he was in what business?
    And he has how many regular rooms plus other hidden rooms in that massive abode?

    When I was working in computer data, there were weekly, monthly and yearly generations of backups.

    Or did the FBI also have data sniffer dogs to locate them all?

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  20. georgebolwing (687 comments) says:

    jackinthebox.

    If the US Government accused me of committing serious crimes in my business, I would be demanding a court hearing in the US as quickly as possible, and I would get the best lawyers I could afford to defend me and my reputation as strongly as possible.

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  21. tedbear (129 comments) says:

    If only it was that easy georgebowling.
    One or two or however many best lawyers versus a High Court Judge who is basically a best lawyer himself, all of whom can succumb to a degree of corruption.

    I mean how qualified is any Judge to give the Correct Verdict when another can simply override a previous verdict.
    Appeal after appeal after appeal after appeal.
    Utter bullshit!

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  22. Ed Snack (1,803 comments) says:

    Georgebowling, I’d have to say that you would be terminally stupid to go to the USA to face a court. You would be wise to heed what happened to Conrad Black for a start. As much as it is quite apparent that KDC is a classic conman type, his chances of a fair trial in the USA are approximately zilch. It is, after all, a largely politically inspired prosecution, and the script runs like this:

    Arrested at entry and denied bail, all monetary assets are frozen. Charges with terms of imprisonment up to X (where cumulatively X >> natural lifespan) years are laid. Next a deal is offered, plead guilty to this minor subset and get “just” 20 years; and if you refuse the deal you’ll find that without adequate funds for a defense it doesn’t matter what “evidence” is offered, it will look plausible and you won’t be able to do anything about it without money. Result, effective lifetime imprisonment for the crime of offending a group of major donors to the Democrats.

    Sound far-fetched ? Yes, it does, but it is the reality for far too many people. US “justice” has become highly politicized and subject to considerable prosecutorial abuse. KDC may not deserve a fair trial in the minds of many, but don’t fool yourself into thinking that he’ll get one anyway.

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  23. Nostalgia-NZ (5,045 comments) says:

    Either the COA or the Supreme Court ruled some particular improperly obtained evidence as inadmissible in recent years, I think it also happened with the bike gang in Nelson in the last year or two in the District Court so any defendant has a legitimate right to argue the merits of that evidence being used. In DC’s case the ‘release’ on the evidence went against an order by a High Court Judge. It’s called due process.

    As for the arguments that DC should return voluntarily to the US what nonsense.

    I don’t know the details, but this delay would have to be legitimate because the issue arises from conduct of the US prosecuting authorities. The question must be why, if they wish to avoid delays and see the case proceed through the Courts, they simply don’t return the illegitimately obtained material.

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  24. jackinabox (781 comments) says:

    “georgebolwing (468 comments) says:

    February 24th, 2014 at 3:51 pm

    jackinthebox.

    If the US Government accused me of committing serious crimes in my business, I would be demanding a court hearing in the US as quickly as possible, and I would get the best lawyers I could afford to defend me and my reputation as strongly as possible.”

    Read Ed Snack’s comment George, it’s bang on the nail.

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  25. tedbear (129 comments) says:

    Spot on Ed.

    The FBI had no business being here but hey ho when Uncle Sam plays the odd game of golf with the PM, why anything’s possible.
    And as you rightly say, Uncle Sam is owned by the USA record and movie companies so naturally the corruption filters down.

    I don’t think any amount of money will buy Mr Dotcom a get out of jail free card.

    Innocent until proven guilty – yeah right.

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  26. georgebolwing (687 comments) says:

    “Result, effective lifetime imprisonment for the crime of offending a group of major donors to the Democrats.” Sounds like the script for a Fox TV drama.

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  27. igm (1,413 comments) says:

    Just get the overweight thief out of here, he is a broke joke.

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