The Herald understands the condition to be "life-threatening". The Court of Appeal judgment was otherwise a slate of bad news for the remaining three contesting the extradition. It ruled against van der Kolk and Ortmann being allowed to introduce additional evidence, refused to enforce Privacy Act requests filed by Dotcom in search of new evidence and found there were no matters raised in earlier judicial reviews that had not been considered.
The evidence also sought to show how some evidence gathered by the US to support extradition actually supported the position of those facing extradition. Van der Kolk and Ortmann argued the evidence was new "because up until now they have been prevented from obtaining such evidence due to lack of funding caused by the United States".
The Court of Appeal disagreed, saying a Harvard law professor had made similar arguments when the case was heard at the district court. Also, it said, many of the arguments made were those which should be heard at the trial in the US. In contrast, it was the role of New Zealand courts to find if there was enough evidence to warrant a trial in the US and not to explore or rule on deeper issues in the case.
The judgment means the case has completed its long, sometimes circular, parade through New Zealand courts. It is a journey that began with a hearing on January 20, , the day of the FBI-inspired police raid on the mansion Dotcom had rented in Coatesville. Within a month, the US case suffered its first pratfall with the Crown ordered to underwrite any losses should the case against Dotcom fail.
It was ordered to do so because the assets seized during the raid should not have been taken without advance notice. Then a legal review of the search warrants at the High Court saw questions raised as to why Dotcom and his fellow keyboard commandos needed to be arrested through a dawn raid that saw New Zealand's anti-terrorist squad assault the mansion by helicopter.
Even worse for New Zealand's contribution to the world-wide Megaupload operation was the emergence of the Government Communications Security Bureau, the formerly ultra-secretive electronic spy agency. When I asked Kim Dotcom for his address in Queenstown so I could sit with him a while and interview him about his views on how to survive the coming apocalypse, he replied that he would send someone to collect me on a Thursday at 4pm at the Remarkables Sweet Shop on the main street in nearby Arrowtown.
I got there early. Tourists filled the candy store. I stood there lurking among the trays of Aniseed Twists and Cola Fizzballs. As soon as I stepped onto the pavement, a big black Mercedes pulled up.
The rendezvous had come about because Dotcom got in touch after reading a story I wrote for The New Zealand Herald about preparing for Doomsday. I wrote a year-long series of stories about end days; the subject occupied my mind day and night, I was sleepless, worried, a wreck, but I fancied that I was also practical and methodical, and kept busy by laying down provisions and supplies to protect my family when the world spiralled towards Hell in a fiery and terrifying hat.
But in the FBI indicted the site's owners, claiming they had knowingly breached copyright on a mass scale by hosting illegally created music, film and software files. Mr Dotcom - who was born in Germany but lives in New Zealand - was later arrested during a dramatic armed raid at his mansion in Auckland, along with his co-accused.
The men have argued that the site, which was shut down in , was designed only as a digital locker for users to store and share large files - something Mr Dotcom reiterated in a Twitter post on Sunday.
Lawyers for the defendants also argue their actions did not amount to criminal offences in New Zealand, and are therefore not extraditable offences. If New Zealand's Supreme Court upholds the extradition order, the final decision on the men's fate will be made by the country's Justice Minister Andrew Little. Kim Dotcom loses latest extradition appeal.
We use cookies to improve our service for you. You can find more information in our data protection declaration. Kim Dotcom, born Kim Schmitz in Germany in , founded the internet file-hosting company Megaupload. Kim Dotcom, who holds German and Finnish nationality and is residing in New Zealand, is battling his extradition. Here you can find an automatic compilation of all DW content refering to Kim Dotcom and his company. The first electronic stock exchange in the world turns 50 today.
DW takes a look back at the history of this trailblazing marketplace. Dotcom faces charges of copyright infringement and racketeering if his extradition goes through. World leaders scramble to prevent trade war — Merkel open to discussing car tariff cuts - Kim Dotcom loses appeal against US extradition.
Is the net closing on Kim Dotcom?
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