Dotcom judge quits case

[BillyBootlace]

Dotcom judge quits the case

The judge overseeing the Kim Dotcom extradition case has stepped down after making comments suggesting the United States was the "enemy".

Judge David Harvey surrendered his role in the case after making comments during a copyright discussion at an internet conference.

An internet law expert, Judge Harvey had been considered the perfect choice to hear arguments on whether Dotcom and his Megaupload colleagues should be extradited by the United States to face charges of criminal copyright violation.

The district court's chief judge Jan-Marie Doogue said Judge Harvey had made the decision to step down from hearing the case.

"He recognises that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case."

Judge Harvey made the comments at NetHui during a conference discussion on copyright and trade talks with the US.

He referred to a tweet which had played on a reference to cartoonist Walt Kelly: "We have met the enemy and he is [the] U.S."

The case, scheduled for March, would now be heard by Judge Nevin Dawson. Judge Dawson has previously heard elements of the case including making the decision to allow the internet giant bail in February after a month in jail.

The case has been bruising since the outset with the judge initially hearing it reprimanded for treatment of media.

It has also seen criticism of the Crown Law Office and the police. The wrong type of restraining order was initially used to seize the cash and assets of the accused. Then the search warrants were ruled invalid because they were too broad, making the search and seizure illegal. It also emerged the FBI had taken evidence back to the US without the knowledge of the police and Crown - and now want to use it to help extradite the Megaupload accused.

Auckland university associate professor Bill Hodge said the case involved new technology arguments in an "antiquated" legal framework argued by talented lawyers. "It is uniquely high stakes."

He said it was the "case of a lifetime" for Judge Harvey. "He is recognised as one of New Zealand's experts - not just as a judge but as an expert who has gone into copyright issues."

A high court hearing next month will hear evidence of the January raid during which Dotcom, Finn Batato, Mathias Ortmann and Bram van der Kolk were arrested. The FBI has accused Dotcom and others working at Megaupload website of the world's biggest case of criminal copyright violation.

View: Original Article

[DKT27]

Dotcom Extradition Judge Steps Down After “U.S. Enemy” Comment

The New Zealand judge handling the extradition case of Megaupload founder Kim Dotcom has dramatically stepped down from the role. Speaking at the NetHui conference last week, Judge David Harvey had voiced his feelings on the Trans Pacific Partnership (TPP) agreement, describing the United States as “the enemy”. Accepting that the comments could lead people to question his impartiality in the case, Harvey has surrendered his role.

For the greater part, Kim Dotcom and his co-defendants will have been pretty happy with Judge David Harvey, the man overlooking their increasingly controversial extradition case.

Things had been going well, with the Judge ruling favorably towards the Megaupload founder and his friends on a number of occasions, but last week he apparently overstepped the mark.

It happened during the NetHui conference after the launch of “Fair Deal”, a campaign opposing amendments to New Zealand copyright law that could become part of the Trans Pacific Partnership (TPP) agreement. In common with ACTA that went before it, TPP negotiations are being held in secret and being used by the U.S. entertainment industries to push for tougher copyright law.

One of issues surrounds the circumvention of DVD region codes which currently allows New Zealanders to watch DVDs from other regions without committing an offense. TPP seeks to remove that freedom, and Judge Harvey made it clear he wasn’t happy with that.

“Under TPP and the American Digital Millennium copyright provisions you will not be able to do that, that will be prohibited… if you do you will be a criminal – that’s what will happen,” Judge Harvey said, adding:

“..we have met the enemy and he is [the] U.S.”

Quickly, NZHearld quoted Auckland University law professor Bill Hodge describing the comment as potentially “unhelpful” but clearly the pressure has been building since.

This morning, Chief District Court Judge Jan-Marie Doogue announced that Judge Harvey had decided to step down from the case over the comments.

“He recognizes that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case,” she said.

Over the past few months, Judge Harvey has ruled several times in favor of Dotcom and his co-defendants.

Back in April, he praised Dotcom and his associates on their “commendable” behavior, going on to reinstate Dotcom’s Internet access, his swimming sessions, and visits to a recording studio to finish his album.

He went on to grant Mathias Ortmann, Bram van der Kolk and Finn Batato permission to travel to Dotcom’s home once a week for a maximum of six hours so that they could work on their defense.

And in May and against U.S. wishes, Judge Harvey ordered the disclosure of all documents related to crimes the “Megaupload conspirators” had allegedly participated in.

The extradition case, scheduled for 2013, will now be heard by Judge Nevin Dawson.

:view: View: Original Article

[calguyhunk]

Damn! The smallest of holes sink the largest of ships. :(

Bad gaffe :nono: