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Thursday, June 7, 2012

Police Seized MegaUpload Founder’s Assets Illegally

The police of New Zealand turned out to have applied for the wrong court order when seizing Kim Dotcom’s assets. Today it looks like the country’s government might be demanded by the court to return MegaUpload founder all his belongings.


Kiwi police were so keen to please the creative industry and arrest Kim Dotcom that they have made a serious procedural error before seizing the assets of the cyberlocker’s owner. Kim Dotcom was arrested at his residence outside Auckland this past January at the request of the US government.

The Department of Justice of the United States, acting as the official police force of the creative industry, claimed that Kim Dotcom was the mastermind of a criminal entity helping the public pirate copyrighted content.

During the raid on the MegaUpload founder’s house, police were seen removing cash, cars, jet skis, artwork and a lot of other valuables from the residence. The coppers have closed down the MegaUpload file-sharing website and put Dotcom to prison, where he had to stay until being released on bail last month.

The matter is that the police originally filed for the wrong kind of restraining order, because they believed they should have gone for the type not allowing Kim for a court hearing before the seizure. However, the court reckons that they could allow Dotcom to have had a day in court first. Actually, they could have arrested Kim and after that had the hearing. Now the country’s press announced that the New Zealand court has ruled the restraining order enabling police to seize Dotcom’s assets “null and void”.

The country’s attorney general will have to review all mistakes relating to the Dotcom’s arrest. Now there’s a chance that MegaUpload founder will win, and his lawyers will have to prove that the police acted without good faith with the procedural error occurring. Actually, this might come down to just rushing to convict an individual on the American government’s say so, thinking that Dotcom must be guilty because the Feds of the United States say so. That’s exactly what the New Zealand judiciary might take a dim view of. The facts speak for themselves: the country’s court has already let Kim out on bail, although the United States did not want that to happen.

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