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Kim DotCom Wins Bail Appeal

By Jeralyn, Section Crime in the News
Posted on Tue Feb 28, 2012 at 10:09:40 PM EST
Tags: Kim DotCom, MegaUpload (all tags)
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Update (3/1): The written decision rejecting the Crown's bail appeal for Kim DotCom has been released. You can read it here.

The Crown, representing the U.S., has lost its appeal to reverse MegaUpload co-founder Kim DotCom's release on bail. I just received confirmation from The High Court's media department via e-mail: "I am able to advise that Kim Dotcom's bail appeal has been dismissed." A copy of the decision should be available soon. When I receive it, I'll post it.

9:00 pm MT: First on Twitter, the New Zealand Business Review: Kim Dot Com Stays Free. NZBR said it was standing room only in the High Court. [More...]

Via NZBR (link above): The Judge said he agreed with the release decision of the District Court. He rejected the Crown's argument that there's no guarantee DotCom won't flee, correctly noting that's not the test.
Justice Brewer conceded he could not be certain Mr Dotcom would not flee country, but he was not required to be certain to grant bail.

...Justice Brewer said for Mr Dotcom to be incarcerated for the next six months the risk of fight had to be real.

The Judge also agreed DotCom was not a danger to the public.

For details of the asset release hearing held today -- and the Crown's announcement the FBI has made some sort of application about Kim DotCom's wife, suggesting she was involved in his illegal activity, see my earlier post here.

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