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Kim Dotcom, the founder of the now-defunct file-sharing serviceMegaupload scored a minor yet important victory yesterday, after aNew Zealand Judge ruled that the U.S. Government must hand over theevidence they have against Megaupload so Kim Dotcom and otheremployees can properly defend themselves. In his 81-page court decision (PDF), New Zealand District Judge David Harvey ordered the UnitedStates of America to furnish evidence requested by Dotcom's lawyersin order to prepare for the upcoming extradition hearing on August6. The Judge rejected the US Government's claims that thedefendants could make do with the previously supplied informationit had chosen to introduce in court. Dotcom's attorney Ira Rothken argued that they were entitled todisclosure of evidence, as the extradition hearing and thepotential subsequent legal proceedings in the US were closelylinked. The US Government is required to prove it has a plausiblecase against the Megauploader founder and its managers before theycan be extradited. They opposed the application but the Judge sidedwith the defense. The court decision orders the US Government to disclose allevidence to Dotcom relating to the charges of criminal breach ofcopyright, money laundering, racketeering and wire fraud within 21days. "A denial of the provision of information that could enable aproper adversarial hearing in my view would amount to a denial ofthe opportunity to contest and that would effectively mean that theprocess is one sided," Judge Harvey said. "In my viewthere must be fairness at the hearing and a balance must be struck,otherwise the ROC (record of case) becomes dominant virtually tothe exclusion of everything else and places the extradition processin danger of becoming an administrative one rather thanjudicial." In a separate hearing on the same day, Dotcom was granted variations to his bailconditions by Judge Harvey, giving him permission to return to hismansion, as well as the removal of his tracking anklet. Afterhaving the tracker fitted he had to move to a house nearby, due toit not working in his normal residence. "I'm really happy about the decision and I'm going to complywith everything the court is asking," Dotcom said in astatement shortly after hearing the decision. "I will be ableto move back with my family into our home - the kids and my wifeare always asking. I'm looking forward to that.". I am an expert from digital-metaldetector.com, while we provides the quality product, such as China Underground Metal Detector , Car Inspection Mirror, Bulletproof Products,and more.
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