Kim Dotcom confident NZ Supreme Court will rule against his extradition to US

The Court of Appeal on Thursday rejected Kim Dotcom's plea against extradition to the United States.
The Court of Appeal on Thursday rejected Kim Dotcom's plea against extradition to the United States. Photo credit: Getty

Kim Dotcom believes the New Zealand Supreme Court will rule in his favour, after the Court of Appeal rejected his plea against extradition to the United States.

The internet mogul said in a statement on Thursday he is "extremely disappointed by the decision of the Court of Appeal" and believes the Supreme Court will side with his case. 

His American attorney Ira Rothken said he will seek review with the New Zealand Supreme Court following the Court of Appeal result which left him feeling "disappointed". 

 

Mr Dotcom said the Court of Appeal "has decided not to record, or engage with, our primary and strong submissions on why there was no criminal copyright infringement."

Mr Dotcom, 44, and three other men, faces possible extradition to the US, which alleges he ran a criminal organisation that led to an estimated loss of more than US$500 million to copyright holders. 

The internet entrepreneur has been accused of criminal charges related to the file-sharing website Megaupload, which is now defunct. The website was used for sharing pirated content, which Dotcom and his business partners allegedly encouraged and profited from. 

Mr Dotcom, Matthias Ortmann, Bram van der Kolk and Finn Batato appealed to the Court of Appeal after losing their case against extradition to the US in the North Shore District Court. But the Court of Appeal rejected their case on Thursday. 

"The Court's interpretation of the relevant copyright provisions cannot be right. The precedent set is concerning and has ramifications in New Zealand outside my case," Mr Dotcom said.

"The decision exposes Internet Service Providers (ISPs) to criminal liability for the misuse of their services by users, as is claimed against me." 

Mr Dotcom said the United States' case to extradite him "fails". However, his appeal was rejected by the Court of Appeal because it said the US government had sufficient evidence to warrant Mr Dotcom and the other men's extradition. 

But Mr Dotcom says he's "prepared to fight to get justice, whether it is for me or others."

He confirmed he will appeal to the Supreme Court, after the United States "accepted the right exists". He added that his legal team are "confident that the Supreme Court will hear the appeal given there are such significant legal issues at stake". 

"Many important cases in New Zealand are not won in the Court of Appeal," he said, "but are won when they reach the Supreme Court. My case will be one of those."

Mr Dotcom had his former home in Coatesville, Auckland raided by New Zealand police and the FBI six-and-a-half years ago. The raid led to 13 charges against him and the three men, including conspiring to commit copyright infringement, money laundering and racketeering.  

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