{"id":10031,"date":"2017-12-15T10:05:50","date_gmt":"2017-12-15T15:05:50","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=10031"},"modified":"2017-12-16T00:38:41","modified_gmt":"2017-12-16T05:38:41","slug":"kim-dotcoms-extradition-battle-suffers-high-court-setback","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2017\/12\/15\/kim-dotcoms-extradition-battle-suffers-high-court-setback\/","title":{"rendered":"Kim Dotcom\u2019s Extradition Battle Suffers High Court Setback"},"content":{"rendered":"<p>As Kim Dotcom continues his fight to avoid extradition to the United States, the entrepreneur suffered a setback this morning. Siding with the US government in a ruling published this morning, Justice Brewer at the New Zealand High Court rejected seven out of eight arguments put forward by the entrepreneur for judicial review.<\/p>\n<p>In 2012, file-hosting site Megaupload was shut down by the United States government and founder Kim Dotcom and his associates were arrested in New Zealand.<\/p>\n<p>Ever since, the US government has sought to extradite Dotcom on several counts including copyright infringement, racketeering, and money laundering. Dotcom has fought them every single step of the way.<\/p>\n<p>One of the key areas of conflict has been the validity of the search warrants used to raid his Coatesville home on January 20, 2012. The fight has been meticulous and lengthy but in 2014, following appeals to lower courts, the Supreme Court finally\u00a0<a href=\"https:\/\/torrentfreak.com\/raid-on-kim-dotcoms-mansion-was-legal-supreme-court-rules-141223\/\">dismissed Dotcom\u2019s appeals<\/a>\u00a0that the search warrants weren\u2019t valid.<\/p>\n<p>Following a three-month hearing, the District Court later found that Dotcom was\u00a0<a href=\"https:\/\/torrentfreak.com\/kim-dotcom-can-be-extradited-to-the-united-states-judge-rules-151223\/\">eligible for extradition<\/a>. Dotcom appealed again but in February 2017 the High Court ruled that the entrepreneur\u00a0<a href=\"https:\/\/torrentfreak.com\/kim-dotcom-extradition-to-go-ahead-but-not-on-copyright-grounds-170220\/\">could indeed be transferred<\/a>\u00a0to the United States.<\/p>\n<p>Dotcom subsequently appealed the High Court decision to the Court of Appeal, a hearing that will go ahead in February 2018. Last summer, the Megaupload founder also \u201cattacked the underpinnings of the extradition process\u201d by filing an eight-point statement of claim for judicial review. This morning the High Court handed down its decision and it looks like bad news for Dotcom<\/p>\n<p>The causes of action presented by the Megaupload founder were varied but began by targeting the validity of the arrest warrants used in January 2012 and by extension every subsequent process, including the extradition effort itself.<\/p>\n<p>\u201cAccordingly, the relief sought includes orders that the extradition proceeding be quashed or set aside and that Mr Dotcom be discharged,\u201d the ruling reads.<\/p>\n<p>However, the Court describes this argument as an abuse of process, noting that the Supreme Court has already upheld the validity of the search warrants and a High Court ruling confirmed the District Court\u2019s finding that Dotcom is eligible for extradition, a process that will soon head to the Court of Appeal.<\/p>\n<p>But Dotcom\u2019s arguments continued, with attacks on the validity of search warrants and a request to quash them and return all property seized under their authority. Another point asserted that a US request to seize Dotcom\u2019s assets in New Zealand was invalid because no extraditable offense had been committed.<\/p>\n<p>Unfortunately for Dotcom, none of his detailed arguments gained traction with the High Court. In his decision, Justice Timothy Brewer sides with the US government which previously described the efforts as \u201ccollateral attacks on previous decisions of the Courts and an attempt to pre-empt Mr Dotcom\u2019s appeal.\u201d<\/p>\n<p>The Judge eventually rejected seven out of the eight causes of action in a 22-page ruling\u00a0<em>(<a href=\"http:\/\/www.courtsofnz.govt.nz\/cases\/kim-dotcom-v-the-district-court-at-north-shore\/@@images\/fileDecision?r=996.450243406\">pdf<\/a>)<\/em>\u00a0published this morning.<\/p>\n<p>\u201cI have granted the USA\u2019s application to strike out causes of action 1 to 7 of the statement of claim for judicial review dated 21 July 2017. The proceeding is now \u2018live\u2019 only in relation to the eighth cause of action,\u201d Justice Brewer writes.<\/p>\n<p>\u201cI direct that the proceeding be listed for mention in relation to the eighth cause of action in the duty list at 10:00 am on 7 February 2018.\u201d<\/p>\n<p>The eighth point, which wasn\u2019t challenged by the US, concerns the \u201cdecision by the Deputy Solicitor-General in June 2017 to direct that clones be made of the electronic devices seized from Mr Dotcom\u2019s homes and that they be sent to the USA.\u201d<\/p>\n<p>Source: \u00a0<a href=\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/worldjusticenews.com\/news\/wp-content\/uploads\/2016\/11\/torrentfreak.png\" alt=\"TorrentFreak\" width=\"38\" height=\"38\" \/><\/a> <a href=\"https:\/\/torrentfreak.com\/kim-dotcoms-extradition-battle-suffers-high-court-setback-171215\/\" target=\"_blank\" rel=\"noopener noreferrer\">TorrentFreak.com<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<div class=\"mh-excerpt\">As Kim Dotcom continues his fight to avoid extradition to the United States, the entrepreneur suffered a setback this morning. Siding with the US government in a ruling published this morning, Justice Brewer at the <a class=\"mh-excerpt-more\" href=\"https:\/\/worldjusticenews.com\/news\/2017\/12\/15\/kim-dotcoms-extradition-battle-suffers-high-court-setback\/\" title=\"Kim Dotcom\u2019s Extradition Battle Suffers High Court Setback\">[&#8230;]<\/a><\/div>\n","protected":false},"author":1,"featured_media":5853,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"pmpro_default_level":"","footnotes":""},"categories":[109,2,3],"tags":[2707,2859,2861,2860],"class_list":{"0":"post-10031","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-headline","8":"category-news","9":"category-usa","10":"tag-extradition","11":"tag-kim-dotcom","12":"tag-megaupload","13":"tag-new-zealand","14":"pmpro-has-access"},"_links":{"self":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10031","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/comments?post=10031"}],"version-history":[{"count":2,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10031\/revisions"}],"predecessor-version":[{"id":10033,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/posts\/10031\/revisions\/10033"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media\/5853"}],"wp:attachment":[{"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/media?parent=10031"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/categories?post=10031"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/worldjusticenews.com\/news\/wp-json\/wp\/v2\/tags?post=10031"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}