NZ legal system fails if Dotcom doesn't get info held by US 20 Sep 2012
- Chorus warns of more earnings pain from latest review Business
- Restaurant Brands third quarter sales rise 5.4% Business
- Fonterra units sink back to issue price as dividend slashed Business
- Fonterra slashes dividend forecast, holds milk price Business
- MRP to freeze energy price until April 2015 Business
- NZ dollar pares gains after Fonterra holds farmgate price Business
- MARKET CLOSE: NZ shares fall as Fonterra units cut to sell Business
- NZ dollar may gain as Chinese data, Fonterra forecast loom Business
- FMA sees big gap between ‘big four’ auditors and the rest Business
- Fonterra units cut to ‘sell’ at Craigs on cost squeeze Business
NZ legal system fails if Dotcom doesn't get info held by US, says lawyer
By Paul McBeth
Sept. 20 (BusinessDesk) - New Zealand's legal system will have failed if the US government succeeds in its bid to quash the court-ordered release under discovery rules of the evidence it holds relating to internet tycoon Kim Dotcom's extradition, the Court of Appeal heard today.
Counsel for Dotcom, Paul Davison QC, told Justices Terence Arnold, Ellen France and Christine French in Wellington his client needs access to information relevant to his extradition for natural justice to be served.
"It would be a failure of our legal system … for one adversary to be fully-armed and another to be deprived of access to information," Davison said.
The judges have reserved their decision.
The US government is appealing last month's decision by Chief High Court Judge Helen Winkelmann which granted Dotcom and his co-accused Finn Batato, Mathias Ortmann and Bram van der Kolk access to the evidence to ensure they get a fair hearing.
The group faces extradition to the US amid claims their Megaupload file sharing service was part of a conspiracy to operate websites used to illegally distribute copyrighted content. The US government also alleges they conspired to launder the proceeds of that offending.
Davison told the court the extradition treaty between New Zealand and the US says an accused is subject to local law, and as such should be protected by natural justice requirements set down in the Bill of Rights Act.
"Natural justice doesn’t exist in a vacuum, it exists in the real world to provide real protections for people in front of state power," Davison said.
The US government's money laundering and racketeering claims rely on Megaupload being found to have intentionally breached copyright, and the extradition hearing would have to fail if that wasn't the case, Davison said.
John Pike, counsel for the US government, said the two decisions in lower courts granting Dotcom access to evidence including millions of emails went too far, as the country seeking the extradition order only has to prove a prima facie case.
The only time a person facing extradition can seek disclosure is if the case brought before the courts is "manifestly deficient," for example by making assertions without any supplementary evidence, he said.
Speaking after the hearing outside the courthouse, Dotcom told reporters New Zealand's judicial system has shown it's independent and fair.
"The only thing I'm nervous about is the ongoing delaying tactics by the United States utilising Crown law to appeal every time we win in court and just dragging things out," Dotcom said. "If it was up to them, we would have no money for our legal defence, no evidence to defend ourselves, we would not even have our own computers back to show our own evidence."
10 Dec 2013 News
New Zealand Government Hon Maurice Williamson Minister for Land Information 10 December 2013 Media Statement Central Otago ... more
10 Dec 2013 Health
New Zealand Government Trial to reduce blood pressure by ‘zapping’ nerves A new cardiac procedure for people whose blood... more
10 Dec 2013 State of the Market* - Opinion
The other day I read a headline that I remembered seeing many years earlier. It proclaimed that the major currencies of the world are... more
10 Dec 2013 Business News
Article - BusinessDesk FMA sees big gap between ‘big four’ auditors and the rest By Paul McBeth Dec. 10... more
10 Dec 2013 Lifestyle
Dunedin City Council Here’s Your Chance to be a Rock Star! Dunedin (Tuesday, 10 December 2013) – If you’re a... more
9 Dec 2013 Property
Auckland property values continue to surge ahead, up 15.2 per cent in the last year. QV has
10 Dec 2013 Migration
Doing Our Bit Costs, benefits, rugby and refugees Murdoch Stephens – Doing Our Bit (www.doingourbit.co.nz) Amongst all... more
10 Dec 2013 Travel & Tourism
Article - BusinessDesk Air New Zealand expects 1H pre-tax earnings of $166.8 mln, on target to exceed FY earnings By Tina... more
10 Dec 2013 Sport
Massey University Social media a boost for Olympic sports A Massey University researcher has found that social media is helping ... more
10 Dec 2013 Column
Column - Gordon Campbell Gordon Campbell on the latest TPP leaks, and our shabby treatment of asylum seekers by Gordon ... more
9 Dec 2013 People
In less than a year, Lorde has gone from a Year 12 student at Auckland's Takapuna Grammar to a global pop star. The Kiwi's... more
9 Dec 2013 Recruitment
Those in high paid jobs are seeing their wages rise faster than others because of a lack of competition partly due to people leaving... more