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No need to halt Dotcom hearing: NZ Crown

Halting Kim Dotcom's extradition hearing from NZ would be 'revolutionary' considering the strong evidence presented against him, the Crown has argued.

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Source: AAP


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Kim Dotcom and his Megaupload associates have not provided strong enough evidence to halt their extradition case, New Zealand's Crown says.

Judge Nevin Dawson is hearing evidence in Auckland District Court on whether Dotcom, Mathias Ortmann, Finn Batato and Bram van der Kolk should be surrendered to US authorities over their part in running file-sharing website Megaupload.

Dotcom's lawyers previously argued he could not access frozen assets to engage international experts to conduct a proper defence in the case.

Crown prosecutor Christine Gordon QC, appearing on behalf of the US government, said on Friday the four men had not presented sufficient essential evidence to show proceeding with the case would be a miscarriage of justice.

"It would be premature to predict a miscarriage now," she said.

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A stay of proceedings in any case was an "extreme step", but in this case would be "revolutionary", she said.

The majority of the charges faced by the group could be dealt with under New Zealand law and it was not necessary to engage a US legal expert.

The men deliberately paid copyright infringers to upload illegal content to Megaupload, and discussed it with each other, she said.

Therefore, it was not necessary to present evidence in their defence on standard industry practices of internet storage sites.

"No evidence about what other storage sites do destroys the evidence of what these individuals did and what they acknowledged to each other," she said.

The four men face charges of conspiracy to commit racketeering, conspiracy to commit money laundering, wire fraud and two kinds of criminal copyright infringement based on an FBI investigation going back to 2010.

If extradited and found guilty in the US, they face decades of jail time.

The hearing will continue next week.


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