NZ Government ‘kowtowed’ to the US over Dotcom

Yesterday Barrister Gary Gotlieb stated in court that NZ ‘kowtowed’ to American business interests in the case against Kim Dotcom.

This statement comes amongst revelations that the seizure of Dotcoms property was illegal because “police applied for the wrong kind of order” according to Justice Potter

Kim Dotcome has been granted $60,000 per month to live off, access to his 2011 Mercedes and the crown needs to pay him $5,000 for legal costs to sort out the incorrect seizure of his goods.

In court yesterday Barrister Gary Gotlieb stated.

”Someone else in the world will be doing it, and simply to bend towards business interests in America, which is really what it’s about, kowtowing to business interests in America, I would have thought would not sit comfortably with many New Zealanders.”

And for me I agree with much of this statement,

When I interviews a retired FBI agent of 32 years who looked at the case for me, he stated quite plainly that the case came from the Motion Picture Association of America amongst other, they complained and the FBI sprang into action.

Crown lawyer Anne Toohey said that American was not controlling this extradition situation, it is handled under crown law

”Every day we get requests for forms of assistance from all countries all over the world, including restraint of assets, execution of search warrants and that manner of thing. For us it is really daily business.”

This still has the feeling of American sneezing and the NZ catching a cold to me, I hope it’s proven otherwise but I will continue to follow this case with great interest.

Mega blunder…or justice for Kim Dotcom?

From day one of this controversy around Kim Dotcom I stated publicly that his assets shouldn’t be frozen and his site should not have been taken down.

You can hear my initial thoughts here in an interview I did with bFM

Now that wasn’t a statement of his innocence, I have no idea about if he is, or isn’t guilty, but an accused has the right to defend him or herself from accusations. What has happened here is that he is being treated guilty before he has he day in court.

It’s yet to be proven if his site, MegaUpload, has done anything wrong so why has it been taken down, it’s yet to be proven if he has participated in any illegal activity so why are his assets frozen?

Presently Kim Dotcom is innocent of all crimes he is accused of.

Well it seems through a procedural error, Dotcom may have had his chance to now live his life as if he was innocent until proven guilty.

An incorrect court order issued against the founder of Megaupload has been declared “null and void” by a New Zealand judge. The legal bungle could lead to the return of the internet tycoon’s multi-million dollar fortune.

New Zealand police reportedly made a procedural error and applied for the wrong kind of restraining order. As a consequence internet mogul Kim Dotcom, formally known as Kim Schmitz, was not afforded the opportunity to defend himself prior to the seizure of his assets eight weeks ago by the police.

The Judge presiding over the case, Justice Judith Potter said on Friday that the order carried no “legal effect” and the case would have to be re-evaluated, the NZ Herald reports.

Is this the end of end for Kim Dotcom. No. For him there is a long way to go to prove his innocence…which again is not how the justice system should be working. The burden of proof should always be on the prosecution…in this case it seems otherwise.