spinofflive
Kim Dotcom and three other men can be extradited on 12 of 13 counts, pending a judicial review, the supreme court has ruled.
Kim Dotcom and three other men can be extradited on 12 of 13 counts, pending a judicial review, the supreme court has ruled.

PoliticsNovember 4, 2020

Kim Dotcom can be extradited, Supreme Court rules. But wait, there’s more …

Kim Dotcom and three other men can be extradited on 12 of 13 counts, pending a judicial review, the supreme court has ruled.
Kim Dotcom and three other men can be extradited on 12 of 13 counts, pending a judicial review, the supreme court has ruled.

New Zealand’s highest court has ruled internet entrepreneur Dotcom and three others liable for extradition on all but one count – but they had been wrongly denied a judicial review, so that will need to be heard before it goes to the minister.

What has the Supreme Court ruled?

The court has ruled that Kim Dotcom and three others are liable for extradition on 12 of the 13 counts on which they are sought – that count being the money laundering charge.

The court has, however, ruled that the Court of Appeal erred in dismissing judicial review requests. Dotcom and co has sought a judicial review relating to what they believed were procedural and substantive errors by the District Court.

So what happens now?

As has become customary in the unwieldy saga of the United States versus Kim Dotcom, the can has been kicked down the legal path. A judicial review of the above will ensue.

What was the Supreme Court deciding?

In essence, whether there is enough of a prima facie case for Dotcom to face the charges in court in the US – but also whether there was “double criminality”, that is, does the evidence suggest a case would meet the threshold for mounting a prosecution in a New Zealand court.

Why is he wanted for extradition?

The US alleged that the German-born Dotcom and his associates were breaching copyright laws and undertaking money laundering and racketeering through their file-sharing service Megaupload – a site replete with movies and music and which, Dotcom boasted, was responsible for “four per cent, of the internet” as far as traffic was concerned. He always insisted, however, that Megaupload removed content in breach of copyright when they were alerted to its existence.

They wanted Dotcom and three others extradited to the US to face those charges, which led to the men’s arrest early in 2012 in New Zealand, where they had been based since 2010.

Who are the three others?

Mathias Ortmann and Bram van der Kolk, both of whom continue to work for Mega, the offspring of Megaupload, and Finn Batato.

What have all the court battles been about?

There have been seemingly endless legal wrangles, with the case bouncing around the various levels of the court system. The District Court ruled in 2015 that he could be extradited. Subsequent appeals in the High Court and the Court of Appeal were dismissed.

What about the illegal spying?

Following the raid on Dotcom’s home, it emerged that the GCSB had illegally spied on Dotcom – wrongly believing him to be exempt from the “don’t spy on permanent residents” rule that was in place at the time. John Key, through clenched teeth, apologied. In 2013 the two men had that unforgettable horn-lock at a parliamentary select committee. “Why are you red, prime minister?” said Dotcom. “I’m not. Why are you sweating?” said Key. Ah, the memories.

Dotcom’s effort to sue for damages over the GCSB’s actions sent another series of actions whirling through the judiciary.

What happens next?

Both sides have been asked to identify what needs resolving at the judicial review, and which court should do the resolving. If the judicial review doesn’t go Dotcom and co’s way, they’ll be deemed extraditable on all counts but the money laundering stuff.

Extraditable is a ghastly word, never use it again.

OK.

And then what?

New Zealand law stipulates that once the courts have determined someone is liable for extradition, the matter goes to the minister of justice to sign the warrant off. Kris Faafoi will be signed in as minister of justice on Friday. Welcome to the new role, Mr Faafoi, there’s a file on your desk.

Take us back. When did Kim Dotcom become a thing?

Dotcom leapt into the consciousnesses of New Zealanders when New Zealand forces leapt into his mansion in north Auckland on January 20 2012. It seemed fitting for the Hollywoodesque, ostentatious image Dotcom and his crew projected, but weird and excessive as far as New Zealand’s usual manner of arresting people is concerned.

What happened next?

A string of court appearances, along with an extended period as celebrity, comedy outlaw and even politician, with the launch of the Internet Party, and the extraordinary Moment of Truth spectacle at the Auckland Town Hall in the election campaign of 2014, when Dotcom assembled the likes of Glenn Greenwald and, on the big-screen, Edward Snowden and Julian Assange, to denounce John Key and allege immoral and unlawful actions on the part of the New Zealand intelligence services.

Is Dotcom still in Auckland?

No. He now lives in a more modest, but still pretty fancy, house in Queenstown, with his third wife, New Zealander Liz Dotcom, and his five children.

And if the minister does sign an extradition warrant, that’s it?

Of course not. Even if the extradition warrant is signed, it is “entirely possible”, Victoria University law professor Geoff McLay told RNZ this morning, that he could seek a judicial review of the minister’s decision and end up back in the Supreme Court in a few years’ time.

Keep going!
TOP INTERIM LEADER SHAI NAVOT STANDING IN FRONT OF THE LIVE STREAM OF GEOFF SIMMONS AT THE 2020 AGM (PHOTO: ALEX BRAAE)
TOP INTERIM LEADER SHAI NAVOT STANDING IN FRONT OF THE LIVE STREAM OF GEOFF SIMMONS AT THE 2020 AGM (PHOTO: ALEX BRAAE)

PoliticsNovember 3, 2020

First post-election leadership casualty: TOP boss Geoff Simmons quits

TOP INTERIM LEADER SHAI NAVOT STANDING IN FRONT OF THE LIVE STREAM OF GEOFF SIMMONS AT THE 2020 AGM (PHOTO: ALEX BRAAE)
TOP INTERIM LEADER SHAI NAVOT STANDING IN FRONT OF THE LIVE STREAM OF GEOFF SIMMONS AT THE 2020 AGM (PHOTO: ALEX BRAAE)

The tenure of Geoff Simmons as leader of The Opportunities Party has come to an end. Alex Braae reports from TOP’s annual general meeting.

The first party leader resignation following the 2020 election has taken place, with Geoff Simmons stepping down from the leadership of The Opportunities Party.

He made the announcement at the party’s AGM in Wellington, on a livestream that was also beamed into a crowded pub room on Auckland’s North Shore.

The meeting began with an election debrief, which highlighted a tight budget, difficulty with building up a campaign ground game and a lack of media cut-through as concerns. The party also went through several creative directors over the course of 2020, which held up progress.

As successes, Simmons cited the party’s performance on digital platforms, large numbers of small donors, and the spread of policy ideas.

“I think it’s safe to say everyone involved in the campaign was disappointed with the result,” said Simmons. “All things considered, we can be proud of what we’ve become.”

Despite a rebrand in 2019, Simmons said more needed to be done to develop the “elevator pitch” for the party to reach voters. “We still haven’t really found our niche in the political landscape. We have on an intellectual level, but not on an emotional level.”

However, Simmons said he was leaving with the party in a stronger state than it was when he took over, following the often explosive tenure of founder Gareth Morgan.

“At the end of 2017 TOP was effectively dead in the water, and now it is a thriving community and a strong movement. In 2019 we had more donors than all other political parties combined.”

The North Shore livestream of the TOP AGM (Photo: Alex Braae)

Simmons, an economist with the Morgan Foundation before entering politics, said he was stepping down to allow TOP to transition, and for personal reasons. He intends to remain involved with policy development for the party.

Simmons became emotional when speaking about his decision to quit. “My partner and I have discussed starting a family. Being the leader of a party outside of parliament can make that quite challenging, given the time it takes to both lead and volunteer.”

With a comparative lack of funding to draw on, the party’s results in 2020 were down on the 2.4% achieved in 2017. Pending the special votes being announced, TOP is currently on 1.4%, just behind the New Conservatives, who also failed to make it into parliament.

However, that was a marked improvement on some of the polling seen during 2020, which at times had TOP as low as 0.1%.

Simmons sought to give TOP a more affable and welcoming image during his tenure as leader, in contrast to the more aggressive style of his predecessor. The phrase used to describe the strategy at the AGM in 2019 was “more cheek, less arse”.

Former TOP Party co-deputy Teresa Moore with Gareth Morgan and Geoff Simmons in happier times (Photo: RNZ)

Simmons said the general sentiment of media stories about TOP over 2020 was much more positive than in 2017, in which almost half of all stories written about TOP were considered “negative”. In 2020, that was down to just 4% of articles.

Simmons said at times over the last few years, he wondered if the party would make it to election day. There were several particularly difficult moments, including the relationship between Simmons and membership representative Donna Pokere-Phillips blowing up. Pokere-Phillips stood for the Māori Party in 2020.

“We spent a lot of 2019 reforming the culture of TOP, and it was pretty hard going at times,” said Simmons.

The policy slate was largely the same between both elections, with a particular focus on housing affordability, environmental issues and promotion of a universal basic income.

Deputy leader Shai Navot will take over in the interim, until a full leadership election can take place. She said the party was “devastated” to be losing Simmons as leader. 

“We’re all united in the need for continuity to grow TOP into a bigger and stronger party for the next election, which we fully intend to contest,” said Navot.

Simmons said NZ First falling out of parliament offered TOP a pathway towards 2023. “We are the only viable centrist party that can work with both major parties going forward.”

Politics