Internet mogul Kim Dotcom says he will not give up
fighting his extradition battle against the United States
despite the case suffering a major blow this morning.
An appeal by Dotcom's lawyers, arguing for access to all the
FBI investigation files before his extradition hearing, was
dismissed by the Supreme Court at Wellington today.
But the Mega millionaire said he will not be defeated.
Following the decision Dotcom posted a message to his 354,000
followers on Twitter.
"Being defeated is often a temporary condition. Giving up is
what makes it permanent," he said.
The defiant message came shortly after a sad-faced emoticon,
tweeted immediately after the ruling was announced.
Dotcom, Finn Batato, Mathias Ortmann and Bram van der Kolk
are defending charges of mass copyright infringement, online
piracy, and money laundering.
Today's judgment comes after the Court of Appeal reversed a
decision by the District Court to allow Dotcom the documents.
The District Court decision had been upheld by the High
Court, however Dotcom's lawyers were granted leave to seek an
appeal in the Supreme Court after the Court of Appeal
reversed the decision.
"The District Court was wrong to order disclosure of the
documents concerned," Justice John McGrath said today.
"The appeal has been dismissed and costs have been reserved."
The District Court had "no power" to order the US to disclose
information, the Supreme Court ruled, saying no argument had
been put forward to "suggest that exceptional circumstances
exist that would warrant a formal request" for further
information from the US authorities.
"There is no indication of a lack of candour on the part of
the United States, or any other abuse of process, and the
appellants have not pointed to any reason why, without the
requested information, they will be unable to meaningfully
challenge the case against them," the ruling said.
The Supreme Court said Dotcom and his team would have greater
knowledge of how Megaupload worked than the FBI.
"Whereas the United States relies on expert analysis and
inference to identify the business structure and operations
of Megaupload, the appellants have first-hand knowledge of
Megaupload's purpose and business model.
"It cannot be said that the appellants will, without more
information, be deprived of the opportunity to properly
contest the case against them, as presented in the record of
The defence already had access to much of the information
gathered as evidence by the US, the court said.
That includes extracts from a large number of emails, data
from Megaupload servers, a network analysis of how the
websites operated and an analysis of all the financial
The proposed testimony of investigators who went undercover
as users of the Megaupload websites, and a number of experts
in copyright ownership, were also included in the evidence,
Justice McGrath said.