Kim Dotcom case goes to the Supreme Court – new twist

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Kim Dotcom’s case will finally be debated at the Supreme Court…

Kim Dotcom’s extradition case going to the Supreme Court
Kim Dotcom and his co-accused are allowed to take their fight against extradition to the Supreme Court.

That’s despite the United States Government arguing New Zealand’s highest court did not have the jurisdiction to hear the case.

In a decision released this afternoon, Justice William Young said the Supreme Court had the jurisdiction for the appeals.

In a separate decision, Dotcom and his co-defendants – Mathias Ortmann, Finn Batato and Bram van der Kolk – have also been given leave to take their case to the Supreme Court.

…but this time there will be an interesting twist. This week Justice Helen Winkelmann was appointed to the Supreme Court…

New Chief Justice named as Justice Helen Winkelmann

Justice Helen Winkelmann will be the new Supreme Court Chief Justice, Prime Minister Jacinda Ardern announced at her post-Cabinet press conference today.

Justice Winkelmann will replace retiring Chief Justice Dame Sian Elias, who is leaving the role in March next year, having reached the compulsory retirement age of 70 for judges.

Elias has been the country’s chief jurist since 1999 and has led the Supreme Court – the country’s highest – since its formation in 2004.

Ardern said that Winkelmann will bring to the position superior intellect, a strong judicial instinct and experience, and strong leadership.

…and who is Justice Helen Winkelmann? Why she was the first Judge to originally rule in Kim’s favour all those years ago when this travesty against NZ legal sovereignty was embarked upon…

Dotcom searches illegal: Judge
The High Court has ruled the police raid on internet entrepreneur Kim Dotcom’s Auckland mansion was illegal and the removal from New Zealand of cloned copies of hard drives seized was unlawful.

Justice Helen Winkelmann found the warrants used did not adequately describe the offences to which they were related.

“Indeed they fell well short of that. They were general warrants, and as such, are invalid.”

A spokesman for Dotcom’s attorneys said Dotcom and his co-defendants were pleased.

…her brilliant original ruling was subsequently over turned by establishment Judges who had no comprehension of the technological issues involved. That she will now sit at the Supreme Court and hear Kims extradition is a delightful karma.

 

11 COMMENTS

  1. This appointment ” hopefully ” will shine light on the darkness imposed from December 2008 !!!!!!
    I wait with some ” baited breath ”

    Good luck Dotcom.

  2. Kim Dotcom might not be the most sympathetic character, but that he has been put through an awful miscarriage of justice is nearly indisputable at this point. He should be fully cleared of wrong-doing, with all charged dropped, and given some sort of compensation in line with the personal freedoms/time he’s lost on combating this nonsense extradition (including all incurred legal costs). That said, I don’t remotely agree with his lawsuit of billions of damages against NZ since imo he has no way of proving beyond doubt that he would gotten that revenue/built up his business if none of this had happened in an industry as far moving as tech.

  3. So after the despicable key and his gang bent over for there american handlers and destroyed a mans business and family, a little Karma prevails. Good luck Kim.

  4. It is a bit naive to conclude that Justice Winkelmann may rule in favour of Dotcom, no matter what the issue is. Also the Supreme Court is not only her, there are, as I understand it, two other senior judges who would hear and determine on the case.

    Nothing much can be read into this, when it comes to Winkelmann.

    She has to apply the law, which may have favoured Kim Dotcom earlier, but this may not be so in the case before the Supreme Court.

    • I agree Mark. For all we know Winkelmann might be the only dissenting voice when the Supreme Court hears the case. There are five judges on the Supreme Court for some cases. Dotcom will need more than one to find in his favour.

  5. Karma indeed.

    If Kim Dotcom (and his family) had been treated differently by the US controlled John Key government, he might have been a great asset by way of his digital technology skills and experience being put to good use to benefit NZ.

    In that regard, Key denied NZ something which might have seen a whole new and positive aspect in this country’s digital and technology industry!

    I wish Kim Dotcom well in his future court case.

  6. Good luck to KDC, he has enough bent court decisions against him to date, and Immigration are still holding his “traffic offences” in reserve, for use at a later date

    you don’t have to like him to support him, in respect of all sorts of aspects of his case…US government/FBI/MPAA pushed their way into our country with the approval of John Key, the original raid was a travesty, the GCSB clearly broke the law and NZSIS may have, film industry workers were union busted, and in the end Mr Key publicly apologised to KDC, and the snoops laws on domestic spying were rewritten to cover their arses

    it would be good to see the Supreme Court bury the idea of extradition for good, on the basis he drops his huge damages case, but also gets a reasonable sum of compensation for all the wrongs he has endured

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