Kim Dotcom has told the Supreme Court the United States' case
against him is a fabrication and he needs access to evidence
to prove it.
The argument was made through his lawyer, Paul Davison, QC,
yesterday as the case against Megaupload returned to the
Supreme Court in its latest round of appeals.
The court bid was to get access to evidence held by the FBI
and intended to be used to convict Dotcom at trial in the
The bid was rejected by Solicitor-General Mike Heron, who was
acting for the US. During the hearing, he described delays in
the extradition as a "sad indictment on the process".
Dotcom and three others were arrested in January last year in
a raid carried out at the behest of the US, and await
extradition on charges of criminal copyright violation. The
extradition was meant to take place within months but remains
distant with the latest date set for April next year.
The delays have in part been caused by legal challenges after
a string of blunders by the Crown, including an unlawful
search by police and illegal spying by the GCSB.
Mr Davison said the evidence arranged against Dotcom had been
taken out of context and cast the wrong light on his
The argument turned on the interpretation of the Extradition
Act and the extradition treaty with the US. Mr Davison said
the law made allowances for the US to produce evidence here
backing up the allegations made in its case against the
He said the US needed to show there was a basis for
extradition and the allegations had to be backed up by
Mr Heron said descriptions of Megaupload's practices as a
business model were a "lovely euphemism".
In fact, he said, "massive" copyright violation was alleged.
"There is a wealth of evidence summarised."
Mr Heron said the production of evidence should wait until
the accused faced trial - and the trial process should not
begin in New Zealand.
- David Fisher of the NZ Herald