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Dotcom case rolls on in Supreme Court

A lawyer for the United States says after seven years the ongoing Kim Dotcom extradition legal saga "might almost be at half-time".

David Boldt was making submissions in the Wellington Supreme Court in the case's latest legal battle.

In July, the Court of Appeal ruled Kim Dotcom and his co-accused could be extradited to the US to face criminal copyright breach cases.

That followed earlier cases in the District Court and High Court which reached the same conclusion.

The men now want to appeal against that decision in the country's highest court, but Mr Boldt told the Supreme Court today there was no direct right of appeal in criminal cases such as that involving Kim Dotcom.

He said when the Dotcom case began in 2012 there was no eligibility for a third appeal to be heard in an extradition case.

"You have said before 'if it's not mentioned we are simply unable to say we have jurisdiction'.

"That contrasts with the civil jurisdiction where there is a right of appeal."

However Grant Illingworth, acting for co-accused Bram Van der Kolk and Matthias Ortmann said there was no material which supported the position Mr Boldt was taking.

He also said that the Bill of Rights gave certain guarantees to people facing extradition including that they would not be taken from this country "except on grounds prescribed by law".

"The US argument denies the Bill of Rights issue ... and also seems to be based on a false premise.

Lawyers for Kim Dotcom and Finn Batato did not make submissions themselves, simply adding their support to Mr Illingworth's points.

David Boldt said whatever the Supreme Court decides, there is still the 'surrender phase' ahead when the case is referred to the Minister of Justice for a final decision.

That process can also be the subject of Court challenges.

The Supreme Court reserved its decision.

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5 Comments
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Total waste of Nz $$

Posted on 06-12-2018 12:25 | By Angels

USA are totally out of control. We should be getting full compensation from the USA to pay for all this craziness. They are more embarasssing to the world daily. They are out of control and making the rest of the world pay for their nonsense. Let it go hollywood’s demands should not fly here, or have they bought our politicians as well, sure hope not

Immigration Minister

Posted on 06-12-2018 08:56 | By Kenworthlogger

Maybe he should have taken up cage fighting and beating people up. Then his wife could fear for her life, be put in a safe house where no one is supposed to know where she is then immigration can find her and intimidate her into asking for him to be made a model citerzen of NZ.

Something seriously wrong with our legal system...

Posted on 06-12-2018 08:37 | By jed

If someone with means can appeal forever to avoid a negative outcome....What is the point of even pursuing rich people?

Yeah right.

Posted on 06-12-2018 07:31 | By Marshal

We are constantly being told to let it go and move on, as the only way forward.. Why don’t the powers that be take some of their own medicine.. I think the entire planet is over this fiasco.. Give the man a rest and take up something that matters.. Talk about a dog with a bone. LOL. !!

Bollox

Posted on 05-12-2018 21:57 | By

Presumably if he’d imported a shed load of class A drugs, and supplied them, and had gang links, he’d be more than welcome? Seems like a lot of effort to get rid of someone.