Dotcom disclosure case goes to NZ’s top court

Megaupload founder Kim Dotcom sought leave to appeal to the Supreme Court after the Court of Appeal quashed a District Court order, which was later upheld in the High Court, that the US government must disclose documents and evidence in its case to Dotcom and his legal team.

The Court of Appeal found that District Court Judge David Harvey’s disclosure orders had been wrongly made.

Dotcom’s legal team said soon after the decision that they would seek leave to appeal to the Supreme Court, and that court confirmed on Thursday that leave to appeal has been granted.

Under the Extradition Act, the US must satisfy the District Court — where the extradition application will be heard — that Dotcom and his co-accused have a case to answer.

In its decision, the Court of Appeal said the US needs to present only a summary of the evidence against the accused, and that full disclosure of evidence is not required.

Dotcom and his co-accused — Mathias Ortmann, Fin Batato, and Bram Van der Kolk — argued that the lower courts got it right when they said greater disclosure was needed.

Their extradition hearing, which has been delayed several times, is scheduled to get underway in Auckland District Court in August, but could be further delayed.

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