Dotcom demands to see FBI evidence

Kim Dotcom.

Kim Dotcom has told the Supreme Court the United States' case against him is a fabrication and he needs access to evidence to prove it.

The argument was made through his lawyer, Paul Davison, QC, yesterday as the case against Megaupload returned to the Supreme Court in its latest round of appeals.

The court bid was to get access to evidence held by the FBI and intended to be used to convict Dotcom at trial in the United States.

The bid was rejected by Solicitor-General Mike Heron, who was acting for the US. During the hearing, he described delays in the extradition as a "sad indictment on the process".

Dotcom and three others were arrested in January last year in a raid carried out at the behest of the US, and await extradition on charges of criminal copyright violation. The extradition was meant to take place within months but remains distant with the latest date set for April next year.

The delays have in part been caused by legal challenges after a string of blunders by the Crown, including an unlawful search by police and illegal spying by the GCSB.

Mr Davison said the evidence arranged against Dotcom had been taken out of context and cast the wrong light on his business.

The argument turned on the interpretation of the Extradition Act and the extradition treaty with the US. Mr Davison said the law made allowances for the US to produce evidence here backing up the allegations made in its case against the accused.

He said the US needed to show there was a basis for extradition and the allegations had to be backed up by evidence.

Mr Heron said descriptions of Megaupload's practices as a business model were a "lovely euphemism".

In fact, he said, "massive" copyright violation was alleged.

"There is a wealth of evidence summarised."

Mr Heron said the production of evidence should wait until the accused faced trial - and the trial process should not begin in New Zealand.