Dotcom legal arguments rejected

WELLINGTON: A High Court justice has rejected seven of the eight arguments embattled internet entrepreneur Kim Dotcom made against a longrunning United States’ bid to extradite him over alleged money laundering and copyright breaches.

In a decision released yesterday, Justice Timothy Brewer said he had granted a US application to strike out the seven clauses of action of Mr Dotcom’s statement of claim for judicial review.

The US claims the arguments are an abuse of process ‘‘being both collateral attacks on previous decisions of the courts and an attempt to preempt Mr Dotcom’s appeal’’.

Mr Dotcom is appealing a High Court decision made at the start of the year that he is eligible to be extradited to the US. The appeal will be heard in February next year.

His arguments against the extradition include challenges to the validity of the arrest warrant used when police raided the rural Auckland mansion he was living in in 2012, and that the thenminister of justice’s request for his surrender was not valid.

The only remaining argument is an eighth clause of action, which was not challenged by the US.

It relates to a decision by the Deputy Solicitorgeneral in June to direct that clones be made of the electronic devices seized from Mr Dotcom’s homes and that they be sent to the US.

Mr Dotcom’s legal team remains optimistic.

Barrister Simon Cogan said the team was heartened by the fact the court accepted it had an arguable case that could be taken to the Court of Appeal.

Mr Dotcom was looking forward to challenging the US in the Court of Appeal in February, Mr Cogan said.

Mr Dotcom has been fighting extradition since soon after his rented Coatesville mansion was raided by police in January 2012.

The Megaupload founder moved with his fiance, Elizabeth Donnelly, and five children to Queenstown last winter after money and possessions previously frozen in Hong Kong by the US Government were released. — NZME