Original URL: http://www.theregister.co.uk/2012/03/18/nz_police_blunder_over_dotcom/
Kim Dotcom seizures 'null and void'
Kiwi cops got it wrong, says High Court
Posted in Security, 18th March 2012 22:05 GMT
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In an astonishing blunder, New Zealand’s Crown Law Office and its police commissioner have admitted to a ‘procedural error’ when they seized cash, cars and other property from Megaupload chief Kim Dotcom.
According to the New Zealand Herald, Justice Judith Potter of the High Court has declared [1] the first restraining order under which the seizures were made to be “null and void” and having “no legal effect”.
The slip-up happened when the police applied for the seizure of Megaupload assets during January, and was discovered within the week, with police making a revised application on January 30. However, the approach taken by NZ Police and the Crown Law Office had denied Dotcom a chance to mount a defense, the judge said.
The blog Talkleft has noted [2] that the mistake was made despite NZ Police boasting that a team of five from the OFCANZ (New Zealand’s organized crime agency) had worked on the case, up to and including the seizures, hand-in-hand with the FBI.
Radio New Zealand reports [3] that during the next week, Justice Potter will hold another hearing to decide whether or not the assets should be returned. ®