Saturday, March 31, 2012
Kim Dotcom v Sir Botox Banks
NZ's Got Talent - more musical ingenuity from Kim Dotcom:
Worth thinking about the fact that NZ police have been busying themselves with spending millions of dollars of taxpayers' money arresting Kim Dotcom for some nebulous crime not even against our laws apparently, and millions of dollars on the Urewera spying operation and trial fiasco, millions of dollars of our money flying around in helicopters looking for cannabis plants and hundreds of thousands on a corrupt campaign of harassment and false litigation against me (and goodness knows how many others), while deliberately and wilfully ignoring hundreds of child abuse allegations, serious violence, fraud, and other major crime.
The Clown Law Office knew that the Court Orders they were about to use to seize all Kim Dotcom's assets were unlawful on the morning of the raid, and decided to go ahead with it anyway.
Solicitor General David Collins and his deputy Cameron Mander also knew the Order was unlawful, and went along with the decision to proceed using the unlawful Orders, after Collins was told the mistake "didn't alter the lawful nature of the Orders". The advice was wrong, Justice Judith Potter ruled the restraining order "null and void" and having "no legal effect".
The effect of the unlawful order was that Dotcom was prevented from defending the unlawfully laid charges of heading an international conspiracy of internet piracy (copyright infringement) in Court.
Newly obtained documents from the court file show Crown prosecutor Anne Toohey realised on the day of the raid that they were meant to give notice.
Crown Law criminal team leader Madeleine Laracy, in an affidavit to the court, said: "This issue had been overlooked prior to that point."
She said she talked about the realisation with Dr Collins and his deputy, Cameron Mander, and the decision was made to forge ahead with the seizure.
Ms Laracy said it was decided Crown Law would tell Dotcom's lawyers the restraining notice was only temporary until there was a court hearing.
She said US authorities then sent a second request to the Crown Law Office to have more of Dotcom's belongings seized.
Ms Toohey was on the verge of having a fresh hearing over the new restraining order, at which time the error over the original order would have been raised.
Ms Laracy said Mr Mander realised the error was more serious and ordered the court be alerted.
Ten days after the raid, the court was told and a court process was allowed to give Dotcom the chance to object.
Justice Potter said Dotcom could sue over Crown Law's mistake. Dotcom has been given $20,000 a month to live on.
Meanwhile, Hollywood studios sought to enter into commercial deals with the Kim Dotcom's Megaupload site, evidence due to be used in his defence reveals. The defence team has emails from executives at Disney, Fox, Turner Broadcasting and Warner Brothers - among those who complained loudest about copyright infringements - seeking commercial agreements with Megaupload.
They include offers to share content and to join advertising deals, and show studios attempting to strike deals.
A Warner Bros staff member sought an automated upload service, with an email asking: "We would like to upload our content all at once instead of one video at a time."
The company's former digital marketing co-ordinator Shelina Sayani offered "opportunities to syndicate our exciting entertainment content".
For now, however, Dotcom is mainly concerned with taking the criminal indictment apart. He is confident that he and his legal team will succeed in this and promises fireworks when the complete motion is published.
“The MPAA / White House corruption has weakened US technology leadership. Internet businesses, hosting, cloud, payment processors, ad networks, etc. are going to avoid the US,” Dotcom told TorrentFreak.
“There is an opportunity for liberal countries to welcome those businesses with better laws,” he predicts. “The loss of IT business & jobs in the US will substantially outweigh the inflated losses claimed by the MPAA & their billionaire club.” That's funny, I thought New Zealand was supposed to be welcoming exactly these very kinds of business opportunities, not illegally raiding and arresting the CEO. We have ex Justice Ministers and all sorts in Court regularly regarding all the failed finance companies in this country, but the NZ police are wasting tax payer's money on what appears to be a corrupt campaign of legal harassment on the instructions of the FBI and Warner Brothers. It wasn't that long ago that John Key changed the law of NZ to accommodate Warner Brothers . . . what a funny coincidence . . . looks like we need some Transparency into these matters!
“We did nothing wrong. Watch out for our first motion in response to the MPAA-sponsored Department of Justice indictment. It will be enlightening and maybe entertaining,” Dotcom concludes.
220 people lost their jobs when Megaupload was shut down.
A failed case by the US would leave the taxpayer exposed. Police commissioner Peter Marshall last week gave the High Court formal notice it would be the focus of any liability case by Dotcom if he were to sue.
And because of the incompetence of the NZ authorities, the US Judge overseeing the matter has said: "I frankly don't know that we are ever gong to have a trial in this matter." If that happens the NZ taxpayer will most certainly be held liable by the incompetence of our police and the Clown Law Office, and all involved in this sad affair. Now we know why Bradley Ambrose's recording of John Banks and John Key was of such interest to some people, (Banks's affair with Dotcom was no secret on the Auckland social scene by all accounts,) - and how much taxpayer's money was wasted by the police on that matter - 'investigating' a false complaint and a waste of police time by John Key? The Attorney General has now dropped all plans to pursue Ambrose for costs.