Kim Dotcom Back in Court Today in New Zealand

Kim Dotcom today released his new children's song, "Precious."

Update: Kim Dotcom testified today. He said he was punched and kicked during the raid. (For a recap of the raid, go here.) The police gave this version at the time. Photos of the mansion and panic room are here.

As to legal news, Kim Dotcom will be at the High Court in New Zealand today, where Judge Winklemann, who in June declared the raid on the Dotcom Mansion illegal and based on invalid search warrants, will be holding a continued judicial review hearing on the raid and the U.S. failure to turn over material seized during it to Kim DotCom and his codefendants.

The hearing, at the High Court in Auckland, is a continuation of a judicial review of an earlier ruling that the US government has to grant Dotcom and his co-accused access to the evidence it holds against them.


The judicial review was sought by Crown lawyers acting on behalf of the US government, after Judge David Harvey ruled in Auckland District Court in May that the information set to be used against Dotcom and his co-accused in an extradition hearing had to be disclosed.

Dotcom's lawyer says the U.S. has ignored the directive. While the Crown will be appealing Judge Winkelman's ruling, that comes later. The hearing today is scheduled to last 3 days. Kim Dotcom tweets he will be there. Some of his U.S. lawyers, including Ira Rothken, are also attending.

Among other defects, Winkelmann found the warrants were overbroad, giving too much discretion to the police as to what was to be seized.

The extradition hearing has been moved to March, 2013. The judge presiding over the extradition proceedings recently recused himself from the case after making remarks critical of the U.S. and its copyright demands at a conference. The extradition case will now be heard by Judge Nevin Dawson. Judge Dawson is the judge who granted bail to Kim Dotcom.

In the U.S. case, a ruling is expected any day on MegaUpload's motion to dismiss for lack of jurisdiction over MegaUpload, since there has been no service of the Complaint.

Here's a timeline of major events. Judge Winkelmann's 56 page order on the search warrants is here. A summary is here. Her ruling on Judge Harvey's order directing disclosure to Kim Dotcom is here. A summary is here.

Update: Kim Dotcom said on his twitter feed he will be testifying about the raid during the hearings. The New Zealand Business Review reports the judge will also be hearing arguments about the proper remedy for the illegal raid.

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