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Dotcom extradition finding 'antithesis' of justice, lawyer tells Supreme Court

Dotcom extradition finding 'antithesis' of justice, lawyer tells Supreme Court”

Dotcom and his former colleagues Mathias Ortmann, Finn Batato, and Bram van der Kolk are wanted in the United States on charges that their now-defunct file-sharing website Megaupload, which was said to have once accounted for 4 percent of all Internet traffic, helped people illegally download pirated content, including music, films, and games. If it reaches that stage, it is expected the accused would seek a judicial review of the decision at High Court, and further appeals would likely follow.

It laid out the progress of the extradition decision since the district court decision, with an unsuccessful appeal to the High Court.

The arguments before the Supreme Court remain much the same - whether the court was right to focus its approval of the extradition on conduct rather than a precise reading of the law. There, it was found the extradition offence did not have to be a crime in New Zealand as well as the United States.

The decision was the "antithesis" of justice.

In an unusual move, the Supreme Court has released a summary of the case's path through the courts before today's hearing.

Kim Dotcom arrives at the Court of Appeal hearing in 2018.

Dotcom, Ortmann, van der Kolk and Batato were arrested on 20 January, 2012, during a dramatic armed raid on the rural Auckland mansion Dotcom was renting at the time.

But the Federal Bureau of Investigation, which co-planned the raid with its New Zealand counterparts, claimed the site wilfully breached copyright on a mass scale by hosting illegally-created movie, music and software files.

Dotcom said his wife was helping the defense team.

Crown lawyers only needed to successfully argue that at least one of the counts on the USA indictment is also a crime in New Zealand, and that there was preliminary evidence of the men's behaviour, in order to prevail.

If the Supreme Court deems Dotcom and his associates eligible for extradition, a final decision on the case would lie with New Zealand's Justice Minister.

Ira Rothken, one of Dotcom's lawyers, said in an interview that if anyone did something illegal in relation to Megaupload, it was the users. The District Court which originally heard that case said they were and that there was a case to answer with sufficient evidence to support it.



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