NZ High Court Calls Dotcom Seizure Order ‘Null and Void’

According to New Zealand's High Court, Megaupload founder Kim Dotcom may get all of the assets that police seized when they took him into custody in January (thanks to Bear-Dogg-X for the tip). On Friday, High Court Justice Judith Potter declared that the order used to seize Dotcom’s property was "null and void" after finding out that police filed for the wrong kind of court order – an order the High Court says should never been granted in the first place.

Apparently police applied for "a foreign restraining order" granting them permission to seize Dotcom’s property, instead of applying for "an interim restraining order." The latter would have given Dotcom the chance to mount a defense against the charges.

The High Court became aware of this mistake on January 30 when prosecution lawyer Anne Toohey wrote a letter attempting to explain that the wrong order had been applied for and listed five errors with the application. Police commissioner Peter Marshall tried to correct the mistake later after the raid by applying for the correct order and adding the items that had been seized.

While the correct order was eventually filed, Justice Potter called it a "procedural error," which she will make a ruling on. If she rules against law enforcement Dotcom could have his property returned. The Crown is saying that a new order was granted and that should be the end of it, but Dotcom's legal team is saying that the seizures were unlawful. A hearing to decide the issue will take place next week.

Source: NZ Herald by way TorrentFreak

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