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The move was confirmed in the High Court at Auckland this morning, along with a new bid by Dotcom's lawyer to examine the illegal search and seizure of his mansion to almost the top of the police hierarchy.
Paul Davison QC said he wanted to call to testify and to cross-examine Assistant Commissioner Malcolm Burgess over the way the raid was approved.
He said he also wanted to quiz the senior police officer, who was director of Ofcanz, over moves to shut down the spies' involvement.
The hearing today sought to establish remedies for the unlawful search warrant but may lead to even more legal action out of the bungled raid.
The court was considering this morning the possibility of a third High Court case - a civil claim - against police over the raid.
The extra court action has brought speculation that the August extradition hearing for Dotcom and three others would again be postponed, creating the possibility of the case stretching out through the 2014 election year.
- David Fisher of the New Zealand Herald