Kim Dotcom and former Megaupload colleagues Mathias Ortmann, Finn Batato, and Bram van der Kolk are being allowed to take their extradition battle to the New Zealand Supreme Court. A decision released this morning states that the case may be heard and that contrary to claims by the US Government, the Supreme Court does have jurisdiction in the matter.
Following the shutdown of Megaupload in 2012 and the simultaneous raids on founder Kim Dotcom and his colleagues in New Zealand, the US Government has tried to extradite the tech entrepreneurs. They believe that the former Megaupload quartet should be handed over to face charges of copyright infringement, racketeering and money laundering. The effort has been contested every step of the way. In July, after the case had traveled through the District Court and High Court, New Zealand’s Court of Appeal
ruled that under the Extradition Act 1999, Dotcom and his former colleagues are indeed eligible for extradition to the United States. Dotcom and his co-accused quickly announced they would appeal the decision to the Supreme Court. During a hearing earlier this month, the US
argued that there is no direct right of appeal in Dotcom’s criminal case, since in 2012, when the case began, there was no eligibility for a third appeal in extradition cases. This morning, however, the Supreme Court decided otherwise, with Justice William Young declaring that the Court does have the jurisdiction to handle the appeals of Kim Dotcom and former colleagues Mathias Ortmann, Finn Batato, and Bram van der Kolk. “It is common ground that under the now relevant provisions of the Extradition Act and the Criminal Procedure Act 2011, the Court has jurisdiction to hear appeals in cases involving extradition,” a summary from the Court reads.