web analytics

NRT: Muppets

Written By: - Date published: 4:50 pm, September 30th, 2015 - 33 comments
Categories: law - Tags: , ,

I/S at No Right Turn on the Crown’s apparent bungling of the Dotcom extradition case – and the potential cost to NZ.


Muppets

Kim Dotcom’s extradition hearing is currently underway, and it appears to have hit a hurdle: the government can’t find key documentation:

The Crown has been unable to produce the original notices asking for Kim Dotcom and his co-accused to be extradited to the United States.

[…]

North Shore district court services manager Fiona Parkes – a witness for the Crown – today produced several documents she said appeared to be copies of the extradition requests.

Mr Dotcom’s lawyer Ron Mansfield pointed out the documents were not date-stamped and asked Ms Parkes if she knew whether any originals existed.

She said she did not.

Yesterday a Justice Ministry employee was unable to confirm if the former Justice Minister, Judith Collins, had seen the provisional arrest warrants and the supporting evidence before the 2012 raid on Mr Dotcom’s mansion went ahead.

Under the Extradition Act, the Justice Minister is meant to be given a copy of the warrants and supporting evidence, as part of a briefing.

This matters. A key question in extradition hearings is whether the supporting documents have been produced to the court. The fact that they can’t do that (and apparently failed to follow due process in briefing the Minister, creating instant grounds for judicial review) makes them look like a bunch of muppets. And when it comes to matters of law enforcement and people’s freedom (and millions of dollars in damages if they fuck up), you’d think they’d take a little more care…

33 comments on “NRT: Muppets ”

  1. Draco T Bastard 1

    Mr Dotcom’s lawyer Ron Mansfield pointed out the documents were not date-stamped and asked Ms Parkes if she knew whether any originals existed.

    Someone correct me if I’m wrong but isn’t it a legal requirement for them to be dated? As in, they become invalid if they don’t have it as allowing undated legal forms opens the system up to abuse?

    • McFlock 1.1

      that’s why she said in court that they “appeared to be copies of the extradition requests.”

      Not notarised as accurate copies.

      So the contents of the documents might have all the required information, the court just doesn’t know they’re accurate copies of that information.

      Think about a search warrant – it needs particulars like dates, addresses etc. But a photocopy of an arrest warrant doesn’t mean it’s the same as the original warrant, unless it was notarised at time of copying.

      I suspect that if they don’t have the original paperwork, some very interesting questions will end up being raised.

      Definitely muppets. Makes one wonder how many non-millionaires have been incarcerated based on “appeared to be” copies…

    • tracey 1.2

      not being date stamped leaves open the assertion they were not issued at the time claimed or even produced much later

      • savenz 1.2.1

        Disgusting. I guess now that it is in a real court not ‘the herald and TV3 news beat up’ real evidence needs to be established and some American Hollywood fake email can not be used. It could all have been avoided as Sony lawyers wisely knew it was a waste of time as a similar case had been bought against You Tube and they were found not guilty of copywrite infringement. File sharing is not a crime.

        When 70 armed defender abseil into someones home for a copywrite case and scare a young family and young kids, then something is defiantly wrong.

        When they repeat the mistakes with illegal spying, illegally seizing assets before guilt has been found so someone does not have the funds to defend themselves, and further try to increase the charges to money laundering to justify handing them over to the American justice system for a show trial then this is not justice.

        I

  2. Pat 2

    a question…..is it really possible the Crown would pursue these proceedings without such an apparently basic level of preparedness?…or is another agenda at play?

    • northshoredoc 2.1

      Having dealt with crown law on a number of occasions I can confirm they are more than capable of this level of incompetence.

    • NZJester 2.2

      They did the raid without being properly legally prepared, why would they change that lack of thinking something through now?
      The whole Justice system is so under funded they most likely had a lot of inexperienced underlings doing the bulk of the work. The originals are most likely misfiled or misplaced.

      • One Anonymous Bloke 2.2.1

        The originals are most likely misfiled or misplaced.

        Or perhaps they were procedurally invalid in some way and were then surreptitiously altered and photocopied to conceal the alterations. Let’s not forget Wormald’s perjury.

        • Draco T Bastard 2.2.1.1

          Or simply didn’t exist until someone realised the mistake and quickly filled them in – except for the date.

        • Macro 2.2.1.2

          Let’s not forget Wormald’s perjury.
          Exactly! It gets very very fishy.

          • savenz 2.2.1.2.1

            It could have just been a golf game handshake. No paperwork necessary.

            • Macro 2.2.1.2.1.1

              Isn’t that how we do business? Sky city /Hollywood law changes, TPPA deals – u piss in my pocket – i’ll piss in urs?

  3. ianmac 3

    When the Crown has spent millions of taxpayers money on prosecuting the FBI case, surely there is one little person who guards the critical documents. Wow

    • mickysavage 3.1

      Those damned back office jobs the nats keep wanting to cut are slightly more important than they thought.

      • Grindlebottom 3.1.1

        They sure are. Enjoyed Lisa Owen taking Anne Tolley to task on that very point on The Nation last week when Tolley blathered on and on about CYFs caseworkers being overburdened with paperwork and unable to focus on the needs of their clients.

      • Steve Withers 3.1.2

        BOOM!! Nailed it.

  4. Gristle 4

    I hope you all remember that the Police have had to issue a “guarantee” of up to $2B to Dotcom et al in the event of the chain of prosecutions failing. Any bets on whether the house will have to make a payout on the jackpot.

    • mickysavage 4.1

      Citation?

    • tc 4.2

      Sounds like BS Gristle provide evidence of such a claim. The police charge to convict I’ve not heard of any situation where they agree a damages figure before they commence.

      • Gristle 4.2.1

        tc, tc tc… if only you had scrolled down just a bit more and read Pasupil’s sourcing. Then you would not had to show to one and all that you don’t read very much before jumping to print.

        But I agree with you that it is extremely unusual for the Assist Com of Police to have give the Court this sort of undertaking. Which of coarse is why it was memorable. If had been me signing up to the undertaking, I would be feeling nervous that Sony had abandoned the litigation.

        • mickysavage 4.2.1.1

          Um I have never heard of a similar situation occurring before. I would agree with TC.

          The fact that Marshall signed an undertaking in this case shows how unusual it is …

  5. Pasupial 5

    This may prove to be a very costly omission in the paperwork, from the (millions of dollars…) link above:

    then-police commissioner Peter Marshall signed the “undertaking in respect to costs and damages” – the agreement which would allow Dotcom to sue New Zealand if it emerged the FBI case against him was unfair and unfounded…

    Dotcom has claimed the loss of Megaupload cost him more than $2 billion although others have argued the impact is far less…

    The requirement to give an undertaking to the court to meet any damages was a factor which put Sony off joining a civil case seeking to claim Dotcom’s assets, emailed hacked and released last year revealed. Sony’s top copyright lawyer, Aimee Wolfson, said it was “not at all unimaginable” Dotcom would avoid extradition or even successfully defend himself in the United States.

    The studio is not a participant in a case in NZ courts with discussion in the emails showing potential exposure to a legal suit from Dotcom concerning executives.

    http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11514563

    • tracey 5.1

      of course he may begin to enforce it and then settle for an apology from key and collins in a form he writes… or resignation in return for not suing.

      seems VERY odd to omit 2 such important things. In my experience court officials are pretty i dotty and t crossy…

  6. xanthe 6

    Damn i really was looking forward to seeing those pandas

  7. maui 7

    Makes me want to watch an old episode of Rainbow, I think I know now whose playing the character of Bungle.

  8. savenz 8

    Man accused of stealing $5 in snacks died in jail as he waited for space at mental hospital

    http://www.nzherald.co.nz/world/news/article.cfm?c_id=2&objectid=11521633

    ‘Justice’ in the USA!

  9. emergency mike 9

    No original? ‘Appeared to be copies’? Not notarized? No date stamp? (Good luck getting a WINZ benefit like this.)

    Gosh what is that smell?

Recent Comments

Recent Posts

  • Bringing back the health of Hauraki Gulf
    New marine protection areas and restrictions on fishing are among a raft of changes being put in place to protect the Hauraki Gulf for future generations. The new strategy, Revitalising the Gulf – Government action on the Sea Change Plan, released today, draws on input from mana whenua, local communities, ...
    BeehiveBy beehive.govt.nz
    1 hour ago
  • Speech to AI Forum – Autonomous Weapons Systems
    AI Forum New Zealand, Auckland Good evening and thank you so much for joining me this evening. I’d like to start with a thank you to the AI Forum Executive for getting this event off the ground and for all their work and support to date. The prospect of autonomous ...
    BeehiveBy beehive.govt.nz
    12 hours ago
  • New Zealand boosts support to Fiji for COVID-19 impact
    Aotearoa New Zealand is providing additional support to Fiji to mitigate the effects of the current COVID-19 outbreak on vulnerable households, Foreign Minister Hon Nanaia Mahuta announced today. “Recognising the increasingly challenging situation in Fiji, Aotearoa will provide an additional package of assistance to support the Government of Fiji and ...
    BeehiveBy beehive.govt.nz
    19 hours ago
  • Round 2 of successful energy education fund now open
    $1.65 million available in Support for Energy Education in Communities funding round two Insights from SEEC to inform future energy hardship programmes Community organisations that can deliver energy education to households in need are being invited to apply for the second funding round of the Support for Energy Education in ...
    BeehiveBy beehive.govt.nz
    19 hours ago
  • New Ngarimu scholarships to target vocational training
    Associate Education Minister Kelvin Davis today announced three new scholarships for students in vocational education and training (VET) are to be added to the suite of prestigious Ngarimu scholarships. “VET learners have less access to study support than university students and this is a way to tautoko their learning dreams ...
    BeehiveBy beehive.govt.nz
    20 hours ago
  • Recognising the volunteers who support our health system
    Nominations have opened today for the 2021 Minister of Health Volunteer Awards, as part of National Volunteer Week. “We know that New Zealanders donate at least 159 million hours of volunteer labour every year,” Minister of Health Andrew Little said in launching this year’s awards in Wellington. “These people play ...
    BeehiveBy beehive.govt.nz
    24 hours ago
  • Drug Free Sport supported to deal with new doping challenges
    Drug Free Sport New Zealand will receive a funding boost to respond to some of the emerging doping challenges across international sport. The additional $4.3 million over three years comes from the Sport Recovery Fund announced last year. It will help DFSNZ improve athletes’ understanding of the risks of doping, ...
    BeehiveBy beehive.govt.nz
    24 hours ago
  • Government support for South Auckland community hit by tornado
    The Government is contributing $100,000 to a Mayoral Relief Fund to support Auckland communities impacted by the Papatoetoe tornado, Acting Minister for Emergency Management Kris Faafoi says. “My heart goes out to the family and friends who have lost a loved one, and to those who have been injured. I ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Celebrating World Refugee Day
    World Refugee Day today is an opportunity to celebrate the proud record New Zealanders have supporting and protecting refugees and acknowledge the contribution these new New Zealanders make to our country, the Minister of Immigration Kris Faafoi said. “World Refugee Day is also a chance to think about the journey ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Face to face meeting delivers significant progress on NZ-UK FTA
    New Zealand and the UK have committed to accelerating their free trade agreement negotiations with the aim of reaching an agreement in principle this August, Trade Minister Damien O’Connor announced. “We’ve held constructive and productive discussions towards the conclusion of a high-quality and comprehensive FTA that will support sustainable and inclusive trade, and ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government taking action to protect albatross
    New population figures for the critically endangered Antipodean albatross showing a 5 percent decline per year highlights the importance of reducing all threats to these very special birds, Acting Minister of Conservation Dr Ayesha Verrall says. The latest population modelling, carried out by Dragonfly Data Science, shows the Antipodean albatross ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Adoption laws under review
    New Zealand’s 66-year-old adoption laws are being reviewed, with public engagement beginning today.  Justice Minister Kris Faafoi said the Government is seeking views on options for change to our adoption laws and system. “The Adoption Act has remained largely the same since 1955. We need our adoption laws to reflect ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • Wider roll-out of cameras on boats to support sustainability and protect marine life
    Up to 300 inshore commercial fishing vessels will be fitted with on-board cameras by 2024 as part of the Government’s commitment to protect the natural marine environment for future generations.  Minister for Oceans and Fisheries David Parker today announced the funding is now in place for the wider roll out ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Plan for vaccine rollout for general population announced
    New Zealanders over 60 will be offered a vaccination from July 28 and those over 55 from August 11, Prime Minister Jacinda Ardern announced today. The rollout of the vaccine to the general population will be done in age groups as is the approach commonly used overseas, with those over ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • New Zealand introduces Belarus travel bans
    New Zealand has imposed travel bans on selected individuals associated with the Lukashenko regime, following ongoing concerns about election fraud and human rights abuses after the 2020 Belarus elections, Foreign Affairs Minister Nanaia Mahuta has announced. The ban covers more than fifty individuals, including the President and key members of ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • NZ economy grows driven by households, construction and business investment
    The Government’s efforts to secure the recovery have been reflected in the robust rebound of GDP figures released today which show the economy remains resilient despite the ongoing impact of the COVID-19 pandemic, Grant Robertson said. GDP increased 1.6 percent in the first three months of 2021. The Treasury had ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Milestone 250th tower continues to improve rural connectivity
    The Government has welcomed the completion of the 250th 4G mobile tower, as part of its push for better rural connectivity. Waikato’s Wiltsdown, which is roughly 80 kilometres south of Hamilton, is home to the new tower, deployed by the Rural Connectivity Group to enable improved service to 70 homes ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Quarantine Free Travel pause with Victoria to lift on Tuesday
    Following a further public health assessment of the COVID-19 outbreak in greater Melbourne, New Zealand’s Quarantine Free Travel pause with Victoria has been extended to 11.59pm on Tuesday 22 June, COVID-19 Response Minister Chris Hipkins says. It has been determined that the risk to public health in New Zealand continues ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Prime Minister mourns passing of Dr Sir Ian Hassall
    Prime Minister Jacinda Ardern is mourning the passing of Dr Sir Ian Hassall, New Zealand’s first Children’s Commissioner and lifelong champion for children and children’s health. As a paediatrician Sir Ian contributed to a major world-first cot death study that has been directly credited with reducing cot deaths in New ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • APEC structural reform meeting a success
    APEC ministers have agreed working together will be crucial to ensure economies recover from the impact of COVID-19. Minister of Commerce and Consumer Affairs David Clark, chaired the virtual APEC Structural Reform Ministerial Meeting today which revolved around the overarching theme of promoting balanced, inclusive, sustainable, innovative and secure growth ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Digital hub to boost investment in forestry
    A new website has been launched at Fieldays to support the forestry sector find the information it needs to plant, grow and manage trees, and to encourage investment across the wider industry. Forestry Minister Stuart Nash says the new Canopy website is tailored for farmers, iwi and other forestry interests, ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government continues support for rangatahi to get into employment, education and training
    Over 230 rangatahi are set to benefit from further funding through four new He Poutama Rangatahi programmes, Minister for Social Development and Employment Carmel Sepuloni announced today. “We’re continuing to secure our economic recovery from COVID by investing in opportunities for rangatahi to get into meaningful employment, education or training ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • NCEA subjects up for consultation
    The education sector, students, their parents, whānau and communities are invited to share their thoughts on a list of proposed NCEA subjects released today, Education Minister Chris Hipkins says. This is a significant part of the Government’s NCEA Change Programme that commenced in 2020 and will be largely implemented by ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Major investment in plantain forage programme aims to improve freshwater quality
    The Government is backing a major programme investigating plantain’s potential to help farmers protect waterways and improve freshwater quality, Acting Agriculture Minister Meka Whaitiri announced at Fieldays today. The Sustainable Food and Fibre Futures (SFFF) fund is contributing $8.98 million to the $22.23 million seven-year programme, which aims to deliver ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • America’s Cup decision
    The Minister responsible for the America’s Cup has confirmed the joint Crown-Auckland Council offer to host the next regatta has been declined by the Board of Team New Zealand. “The exclusive period of negotiation between the Crown, Auckland Council, and Team New Zealand ends tomorrow, 17 June,” said Stuart Nash. ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Food and fibres sector making significant strides towards New Zealand’s economic recovery
    The Government is backing the food and fibres sector to lead New Zealand's economic recovery from COVID-19 with targeted investments as part of its Fit for a Better World roadmap, Forestry Minister Stuart Nash said. “To drive New Zealand’s recovery, we launched the Fit for a Better World – Accelerating ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Speech to He Whenua Taurikura – New Zealand’s annual hui on countering terrorism and violent...
    Check against delivery Can I begin by acknowledging the 51 shuhada, their families and the Muslim community. It is because of the atrocious violent act that was done to them which has led ultimately to this, the start of a dialogue and a conversation about how we as a nation ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Cost of Government Southern Response proactive package released
    The Government has announced the proactive package for some Southern Response policyholders could cost $313 million if all those eligible apply. In December, the Minister Responsible for the Earthquake Commission, David Clark announced a proactive package for SRES claimants who settled their claims before October 2014. It trailed the judgment ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • First period products delivered to schools
    The first period products funded as part of the Government’s nationwide rollout are being delivered to schools and kura this week, as part of wider efforts to combat child poverty, help increase school attendance, and make a positive impact on children’s wellbeing. “We know that nearly 95,000 9-to-18 year olds ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • New support to reduce emissions from public building and construction projects
    Government agencies are getting new support to reduce carbon emissions generated by construction of new buildings, with the release of practical guidance to shape decisions on public projects. The Ministers for Building and Construction and for Economic Development say a new Procurement Guide will help government agencies, private sector suppliers, ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • He Whenua Taurikura: New Zealand’s first Hui on Countering Terrorism and Violent Extremism
    The Prime Minister has opened New Zealand’s first hui on Countering Terrorism and Violent Extremism, which is being held in Christchurch over the next two days. The hui delivers on one of the recommendations from the report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Speech to inaugural Countering Terrorism Hui
    E aku nui, e aku rahi, Te whaka-kanohi mai o rātou mā, Ru-ruku-tia i runga i te ngākau whakapono, Ru-ruku-tia i runga i te ngākau aroha, Waitaha, Ngāti Mamoe, Ngai Tahu, nāu rā te reo pohiri. Tena tātou katoa. Ki te kotahi te kakaho ka whati, ki te kapuia, e ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Campaign shines a light on elder abuse
    A new campaign is shining a spotlight on elder abuse, and urging people to protect older New Zealanders. Launched on World Elder Abuse Awareness Day, the Office for Seniors’ campaign encourages friends, whānau and neighbours to look for the signs of abuse, which is often hidden in plain sight. “Research suggests ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Farewelling sports administrator and philanthropist Sir Eion Edgar
    Sport and Recreation Minister Grant Robertson today expressed his sorrow at the passing of Sir Eion Edgar – a leading sports administrator and celebrated philanthropist who has made a significant impact both within and beyond the sport sector. “Sir Eion’s energy, drive and generosity has been truly immense. He leaves ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government to apologise for Dawn Raids
    The Government will make a formal apology for the wrongs committed during the Dawn Raids of the 1970’s. Between 1974 and 1976, a series of rigorous immigration enforcement policies were carried out that resulted in targeted raids on the homes of Pacific families. The raids to find, convict and deport overstayers ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Humanitarian support for Bangladesh and Myanmar
    Foreign Affairs Minister Nanaia Mahuta today announced that New Zealand is providing NZ $8.25 million in humanitarian assistance to support refugees and their host populations in Bangladesh and to support humanitarian need of internally displaced and conflict affected people in Myanmar.  “Nearly four years after 900,000 Rohingya crossed the border ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Poroporoaki: Dame Georgina Kamiria Kirby
    E Te Kōkō Tangiwai, Te Tuhi Mareikura, Te Kākākura Pokai kua riro i a matou. He toka tū moana ākinga ā tai, ākinga ā hau, ākinga ā ngaru tūātea.  Haere atu rā ki te mūrau a te tini, ki te wenerau a te mano.  E tae koe ki ngā rire ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Feedback sought on future of housing and urban development
    New Zealanders are encouraged to have their say on a long-term vision for housing and urban development to guide future work, the Housing Minister Megan Woods has announced. Consultation starts today on a Government Policy Statement on Housing and Urban Development (GPS-HUD), which will support the long-term direction of Aotearoa ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Clean car package to drive down emissions
    New rebates for electric and plug-in hybrid vehicles start July 1 with up to $8,625 for new vehicles and $3,450 for used. Electric vehicle chargers now available every 75km along most state highways to give Kiwis confidence. Low Emission Transport Fund will have nearly four times the funding by 2023 ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Progress towards simpler process for changing sex on birth certificates
    The Government is taking the next step to support transgender, non-binary and intersex New Zealanders, by progressing the Births, Deaths, Marriages and Relationships Registration Bill, Minister of Internal Affairs, Jan Tinetti announced today. “This Government understands that self-identification is a significant issue for transgender, non-binary and intersex New Zealanders, and ...
    BeehiveBy beehive.govt.nz
    1 week ago