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Thursday, June 7, 2012

MegaUpload Trial May Never Happen

The US authorities were told that the criminal charges against MegaUpload’s owner Kim Dotcom may never get to trial in their country: according to New Zealand judge, the efforts of American authorities to extradite Kim are fruitless.

Liam O’Grady, the federal judge, has commented at a hearing over the cyberlocker’s content, saying that he frankly didn’t know whether they were ever going to have a trial in that matter. In fact, the American authorities have failed to formally serve New Zealand’s court of law with criminal papers, as the local media points out.

Meanwhile, Kim Dotcom’s attorneys explain that this new development may shelf the extradition case. Indeed, this wasn’t the first time that paperwork mistakes were made – New Zealand’s authorities seized the MegaUpload’s owner’s property without giving proper notice. Although this error was formally corrected a few days ago, the issue of serving papers to extradite Kim in the United States is just another embarrassing error. The federals’ lack of service meant the cyberlocker was “kind of hanging out there”, according to the judge.

Kim Dotcom’s attorneys claim that the FBI haven’t done this just because they can’t. MegaUpload’s lawyers do not believe that the service can be served in a criminal matter as it isn’t located within the jurisdiction of the United States at the first place. They confirm that a key defense against extradition was the claim by the owner of the service and others that they were charged with offenses that weren’t covered by the law on extradition.

In response, prosecutor Jay Prabhu told during Virginia court hearing that it might not matter, because Kim Dotcom owned 68% of MegaUpload. Meanwhile, there are still legal negotiations being held about returning jewelry and personal effects belonging to Dotcom’s wife.

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