Kim Dotcom's bid to get Barack Obama in court during NZ visit fails

Barack Obama and Kim Dotcom.
Barack Obama and Kim Dotcom. Photo credit: AAP/Getty

Kim Dotcom's legal bid to bring former US President Obama before court over his 2012 arrest has been thrown out.

Justice Venning said there was little chance of Mr Obama ditching his busy schedule during his brief time in New Zealand to visit the court.

According to court papers, Mr Dotcom filed papers asking for an order of examination during his NZ trip, or for a letter to be sent requesting he give evidence to a judge in the US.

The papers were filed on March 19, two days before Obama arrived in New Zealand on a three-day trip around the country.

This is despite Mr Dotcom tweeting about the visit on February 21, something which was brought up in court.

Mr Dotcom wanted to hear from Mr Obama over his arrest in 2012, which he says was politically motivated and part of an attempt to curry favour with big Hollywood studios.

The High Court met over the filing, but dismissed all submissions - citing the short timeframe of the filing and the belief that Mr Obama would be unable to provide relative evidence.

One of the lawyers for the Crown also argued Mr Obama could not be called on due to a provision in the Evidence Act 2006, which states that a foreign country's head of state cannot be compelled to give evidence.

Justice Venning agreed, saying that while Mr Obama is no longer a head of state, the request pertains to actions taken while he was.

Mr Dotcom tweeted his reaction to the verdict, saying he was disappointed but would keep fighting.

"The judgement is no surprise and we'll get the opportunity to question Obama sooner or later," he wrote.