19 Apr 2013

Dotcom lawyer argues FBI should return property

7:07 am on 19 April 2013

A lawyer for Kim Dotcom has criticised the FBI for refusing to hand back any of his client's personal property.

The internet entrepreneur, a German national with New Zealand residency, was arrested during a raid on 19 January 2012 and is fighting extradition to the United States to face copyright, money laundering and fraud charges.

In June last year, the High Court ruled that the warrants were too broad and therefore invalid and since then Mr Dotcom has been fighting to get back personal items including computer hard-drives seized in the raid on his house.

His lawyer Paul Davison, QC, told the court on Thursday that the American authorities have a completely uncompromising approach and are depriving his client of basic human rights.

Mr Davison said the FBI should give Mr Dotcom access to his property so that he can properly prepare for his extradition hearing.

He said if New Zealand law permits the FBI to withhold information and deprive its citizens of justice, then that signals a serious intrusion into the sovereignty and jurisdiction of this country.

Mr Davison told the court that the warrants used to raid Kim Dotcom's Coatesville home, near Auckland, were meaningless. He said police seized a broad range of evidence and were incapable of determining what would be relevant to the investigation.

Mr Davison said the arrest warrant, lists of items to be seized and charges were confusing and even the officers executing the warrants couldn't answer Mr Dotcom's basic questions about what they meant.

The Crown argued earlier this week that Kim Dotcom has no legal right to claim anything and, even though the warrant had defects, Mr Dotcom was not misled about what was taking place during the raid.

But Mr Davison argued that, not only was his client misled, but the officers themselves were confused.

Outside court Mr Dotcom said it was important to him to get back data that will help him prepare for the extradition hearing.

The hearing ended on Thursday and the judge has reserved her decision on whether to order the return of Mr Dotcom's property.