Kim Dotcom loses latest appeal against United States extradition

Cheryl Sanders
July 6, 2018

Mr Dotcom is one of the founders of Megaupload, a file-sharing site which allowed customers to store files online. Dotcom and his co-accused have always maintained their innocence.

Yesterday's ruling also stated Mr Ortmann, Mr van der Kolk, and Mr Batato can be extradited.

Now, the final decision as to whether the Dotcom and the other men will be extradited rests with Justice Minister Andrew Little.

Dotcom's lengthy legal battle has previously seen the District and High Courts find against him.

The court of appeal has now upheld a lower court ruling from 2017 which found that the extradition could take place. And Dotcom has now managed to drag that process out for more than six years by fighting extradition in the New Zealand courts. The case, which can still be appealed, has now passed through three courts.

The Appeal Court Justices - Stephen Kos, Christine French and Forrie Miller - found the extradition pathways the United States relied on were available to the U.S., and it had "tendered sufficient evidence to support their case on those pathways".

Dotcom disputed the court's interpretation of copyright provisions.

In the same year, his New Zealand manssion was raided by armed police teams assisted by the American FBI. "We have now been to three courts each with a different legal analysis-one of which thought that there was no copyright infringement at all", he tweeted, later adding: "This is a marathon and not a sprint".

In a statement, Dotcom said his legal team was "confident that the Supreme Court will hear the appeal given there are such significant legal issues at stake".

"Therefore, it has the value of toilet paper".

The Court of Appeal said the United States had disclosed "a clear prima facie case that the appellants conspired to, and did, breach copyright wilfully and on a large scale, for their commercial gain". "The decision exposes Internet Service Providers to criminal liability for the misuse of their services by users, as is claimed against me".

On February 6, 2012, a United States grand jury indicted the group, and the USA has sought their extradition ever since.

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