Megaupload case: pair will not be extradited

AUCKLAND: A deal has been cut between two of the Megaupload accused and the United States in the world’s biggest copyright case, meaning the website’s founder Kim Dotcom is the only one of the original accused left facing extradition from New Zealand.

Lawyers acting for former Megaupload coders Bram van der Kolk and Mathias Ortmann say the deal will see the pair facing equivalent charges in New Zealand and the extradition dropped once those have been heard.

The deal comes 10 years after the raid in which they were arrested along with Dotcom and Megaupload marketing director

Finn Batato, and at a time when the extradition warrant is on the justice minister’s desk.

It also follows the dropping of the extradition case against Batato for health reasons.

A statement from van der Kolk and Ortmann said: ‘‘New Zealand is our home now and we want to stay here. The continuing uncertainty associated with the extradition case has taken a heavy toll on our lives and the time has come to move on.’’

A deal had been reached with New Zealand and the US ‘‘under which we have agreed to be charged in New Zealand for offences similar to those we face in the United States’’.

‘‘Once those charges are heard . . . the United States will withdraw its extradition proceedings against us.

‘‘While this means we will not be extradited, there is still a process ahead of us as we face charges in New Zealand.’’

The statement, sent by their lawyer Peter Spring, said no further comment would be made as the case was before the courts.

The New Zealand Herald has learnt copyrightrelated charges were filed against the pair yesterday and their first appearance will be later this month.

Van der Kolk and Ortmann — as with Batato and Dotcom — had always maintained their innocence. All four accused questioned why Megaupload was targeted for copyright takedown when similar cases did not bring a similar response from the US.

The deal means Dotcom is the only remaining Megaupload ‘‘fugitive from justice’’ — a description used by the US in its case against seven originally charged with massive copyright violation — left in New Zealand.

Dotcom tweeted congratulations for van der Kolk and Ortmann, saying, ‘‘They can avoid the terrible US Justice system. I’m happy for them. After 10 years of US lawfare I understand why they have given up. I don’t blame them and I sincerely wish them all the best.’’

He would ‘‘continue to fight’’. —