Barrister Clive Elliott told Newstalk ZB’s Mike Hosking about the next steps to expect from the Kim Dotcom saga. Video / NewstalkZB
Kim Dotcom has revealed he is recovering from a serious stroke and asked for prayers.
Dotcom faces potential extradition to the US, with Justice Minister Paul Goldsmith signing his extradition order.
Dotcom can seek a review of Goldsmith’s decision to prevent this.
Kim Dotcom has announced he is recovering from a “serious stroke” just months after the Justice Minister signed an extradition order for the internet entrepreneur who faces charges in the US.
Dotcom made his health battle known on social media site X this evening.
“I am recovering from a serious stroke. I have the best health professionals helping me to make a recovery,” he told his followers.
“I will be back as soon as I can. Please be patient and pray for my family and I.”
“My doctor recommended that I stay close to Auckland,” he said.
UPDATE: I am recovering from a serious stroke. I have the best health professionals helping me to make a recovery. I will be back as soon as I can. Please be patient and pray for my family and I.
German-born Dotcom moved to New Zealand in 2010. He has been facing potential extradition since 2012 when he was arrested as part of a global sting.
The United States Justice Department has pressed charges against Dotcom, including criminal copyright infringement, money laundering, racketeering and wire fraud.
Goldsmith said he had “received extensive advice from the Ministry of Justice on this matter”.
“I considered all of the information carefully, and have decided that Mr Dotcom should be surrendered to the US to face trial,” Goldsmith said.
“As is common practice, I have allowed Mr Dotcom a short period of time to consider and take advice on my decision. I will not, therefore, be commenting further at this stage.”
However, police confirmed they won’t be “implementing surrender at this point” because Dotcom has since started judicial review proceedings.
Barrister Clive Elliott, KC, told Newstalk ZB’s Mike Hosking Breakfast that Dotcom could not appeal the decision because it was not from the courts, but instead from the Government.
“I suspect that Kim Dotcom will seek a review of that decision … he can’t appeal it,” Elliott said.
“It will be a decision of whether it was properly executed.
Kim Dotcom near his home at Glenorchy, outside Queenstown.
“He’s been through 10 years of appeals ... I think the minister is entitled to say, ‘Well, he has had his day in court and we are obliged to hand him over’.”
Former University of Auckland law professor Bill Hodge says a typical review would take about six months, but he wondered if the courts would expedite the process.
Any judicial review of Goldsmith’s decision would look into whether it was “outrageously irrational and unreasonable”, Hodge said.
“Are there compelling or extraordinary circumstances, including age or health, that would make it unjust or oppressive to surrender Kim Dotcom to the Americans?”
Dotcom has been a feature of New Zealand public life almost since he arrived.
In 2012, his rented house, dubbed the “Dotcom Mansion” was raided by the Police Special Tactics Group as part of a worldwide FBI operation to take down Dotcom’s Megaupload file-sharing website which was claimed to be at the centre of a massive criminal copyright operation.
Dotcom and three others were arrested, but Dotcom was later given a settlement after he filed a damages claim with the High Court over what was considered an “unreasonable” use of force.
In 2014, he founded the Internet Party which later merged with Hone Harawira’s Mana Party to form Internet-Mana. It contested the 2014 election but despite considerable financial backing from Dotcom failed to win more than 5% of the vote to enter Parliament. Harawira lost his seat in the election. Dotcom later said his own involvement with the party had “poisoned” its brand.
Dotcom posted on social media: “The Dotcoms are bringing direct democracy to New Zealand for the next election. People power is the only way forward. Let’s change the game.”
He said there would be more information made public “soon”.
And when one follower posted “Vote for Dotcom”, Dotcom responded by saying: “Literally.”
