Last month the long awaited written judgement of New Zealand High Court Justice Murray Gilbert was finally handed down. Just as LF expected the decision and the rational employed by Gilbert amounted to little more than a farce, a political cover up, although it did resolve any niggling doubts that seasoned observers of New Zealand Politics may have held around the accusation that New Zealand’s courts are loaded with political friends of the National party.
For team LF Murray Gilbert’s judgement and the direction he took contained absolutely no surprises; after all Gilbert had obviously been hand picked for the job by his political masters; his task should he wish to take it, get rid of Dotcom and the embarrassment it has caused New Zealand’s bungling keystone cops.
Of course this had been the underlying strategy from the outset, the Hollywood blockbuster raid commissioned by high ranking New Zealand Police officials aided by some of Hollywood’s best screenwriters, designed to instill “shock and awe”, to intimidate and confuse, Dotcom’s arrest and immediate incarceration designed to keep him on ice, giving the New Zealand Authorities time to identify and seize anything that Dotcom might have been able to use for his soon to be needed war chest; but of course all of this is just standard operational procedure for the New Zealand police – Christ, the police even used some of the same corrupt strategists responsible for another police shock & awe spectacular, the catastrophically bungled, now infamous, “Urewera Terrorist Raids”
In fact the Dotcom case is littered with the corpses of New Zealand police fuck-ups, political corruption and skullduggery, all of it conveniently swept under the country’s filthy Beehive shag-pile by its equally filthy Government; including the employing of New Zealand’s spy agencies to unlawfully intercept and spy on the falsely accused, a classic New Zealand police eavesdropping tactic that was also used in the infamous failed “double jeopardy” prosecution of police corruption victim George Gwaze.
New Zealand’s legal history, especially when it comes to it’s notoriously corrupt police force, oozes prosecutor wrongdoing in just about every way imaginable; although the country’s media clearly do their utmost to paint a quite different picture for local inhabitants
Justice Gilbert is no doubt of the view that he did a marvelous job, his performance for the cameras was certainly worthy of an Oscar, but it was just that, a performance. The fact is Gilbert was never going to give Dotcom a fair hearing, not with the New Zealand Govt steering down the barrel of a potential multi-billion dollar malfeasance and or negligence tort.
The truth is simple enough, the Zealand government wants shot of Dotcom. In fact, unless they can get rid of the man, handing him and the legal nightmare ex Prime Minister John Key, the New Zealand police and the country’s Ministry of Justice have created over to the US, then any tort Dotcom brings, likely with massive damages attached, will undoubtedly succeed. In short, the New Zealand government and its Court are more than aware of the backlash if Kiwi voters wake up to the fact that their government and courts have been operating solely in the service of the long gone Obama administrations political agenda; more particulrly Joe Biden’s political donors, everyone of them a Hollywood mogul.
Now, as already said, Gilbert may believe he has managed to pour water on the fire, but if he does he’s either seriously fucking deluded, grossly incompetent, or what is more likely, a combination of the two.
No one with a brain in the international arena could possibly find Gilbert’s work and the conclusions he has drawn even remotely plausible, not without factoring in the, obvious as dog balls, political agenda that has further poisoned the well of New Zealand’s justice system.
Needless to say the New Zealand media, as expected, focused largely on the parts of Gilberts judgement that concluded Dotcom should be extradited to the United States……..the old “out of sight, out of mind” strategy.
Certainly the agenda behind David Fishers article in the New Zealand Herald was particularly obvious; but as we have long suspected Fisher only ever pretended to be supportive of Dotcom at the beginning, in our opinion, likely so as to provide a “back-door” for the New Zealand authorities should things turn to custard as they have.
The back-door we believe Jam Jar Dave constructed was born of his so-called book on the affair which ultimately resulted in availing the prosecution of a subsequent opportunity to bring a legal action on behalf of the New Zealand Police and the dodgy yanks seeking to obtain a conviction against Dotcom & Co.
In our honest opinion, Fishers Book was merely a vehicle through which the New Zealand police and Crown agencies had always planned to obtain information that would not otherwise have been available to them for later use against Fishers sources; Dotcoms intimates and others that may had been in possession of dirt that could have proved embarrassing for New Zealand police and various other Crown agencies.
Our early suspicions surrounding Fishers involvement were in fact confirmed to our satisfaction when the New Zealand Crown took Fisher, a journalist, to court and successfully obtained the names of his sources and the information they had supplied. That judgement strangely walking all over the statutory protections afforded journalists and their sources, guarantees Fisher had undoubtedly used to entice his informants participation. Of course that judgement is also seriously at odds with the Hager v Attorney General (police) case, where Hager’s source, Rawshark, was able to retain anonymity despite having committed serious crimes, also involving cyberspace and theft.
For us the fact that Fisher, unlike journo Nicky Hager, failed to fight to the death, appealing all the way to New Zealand’s Supreme Court, to protect his sources does suggest covert collusion with the Crown and the New Zealand police; a commonplace occurrence when it comes to New Zealand’s mainstream media journos.
The New Zealand Heralds failure to look closely and critically at Justice Gilbert’s judgement, producing nothing even resembling news but rather just more propaganda for the New Zealand government, may have fooled a great many Kiwis, those afflicted with a disdain for outsiders and tall poppies, but has done little to sway the observers that really count; the international community, its legal minds, jurists, business leaders and investors.
In fact Gilbert’s judgement does little more than provide a fine example of the incompetence that Kiwi Barrister Tony Malloy wrote of a few years ago in a paper highly critical of the competence, standard and calibre of New Zealand’s judiciary;
“It is making New Zealand an international laughing stock at a time when we are aspiring to recognition as a recognised international trust and funds jurisdiction,” – Tony Molloy
In Mr Malloy’s paper entitled “Trust Busting” he cited a series of cases that “raise disturbing questions of systemic integrity”.
Of course, as is more often than not par for the course in New Zealand, a far from open and honest society, Malloy was later hounded, castigated, made a pariah by vested interests wanting to retain the status quo and bury the truth, including New Zealand’s Attorney General.
Malloy was even attacked by the New Zealand Law Society, the very group that should have supported his valid criticism.
At another level however the Dotcom case has attracted the attention of educated international observers who can see the more than obvious parallels with an old tale – “The Emporer’s New Clothes”; in this case, High Court Judge Murray Gilbert being the pontificating buck-naked Majesty, blinded by his own self importance.
Dotcom himself in fact notified his twitter followers this morning of a particularly good opinion piece that reflects wider international concern. Well worth a read, the piece succinctly sums up how many others beyond New Zealand’s arse licking complicit mainstream media will view Gilbert’s “more holes than the fucking Titanic” judgement.
The New Zealand court decided at the start of this week that the 2015 decision of the lower court favouring the extradition of Kim Dotcom and his co-defendants be upheld. Justice Murray Gilbert of the High Court seemed rather tricky with his reasoning. For one, he admitted “that online communication of copyright protected works to the public is not a criminal offence in New Zealand under s. 131 of the Copyright Act.”
Dotcom and his legal team would have felt rather thrilled with that. The prosecution plank had collapsed. Case closed. Except, of course, that it hadn’t. Justice Gilbert proceeded to assume a mighty pulpit and preach despite the absence of a NZ copyright offence in this case.
Much of this lay in the prosecutorial effort to expand the range of offences, a tactic the Dotcom team termed “massaging”. In widening the net, acts amounting to internet piracy were suggested, including racketeering, money laundering, to name but a few charges additional to the issue of copyright infringement. Many coalesced around the issue of conspiracy, a favourite, catch-all provision US prosecutors have loved to employ.
The author, Australian Binoy Kampmark, is of course 100% right in the opinions he has expressed. What’s more, whilst not specifically noted by Kampmark, the Dotcom case has been loaded with the prosecution’s abuses, some of which Dotcoms lawyers have referred to as “massaging” but others known as serious prosecutor misconduct, aka; throw enough shit in the hope that some of it sticks. Kampmark does however elude to the existence of this appalling behaviour;
But the legal assessment of Dotcom’s case suggests that prosecuting authorities will be favoured, and that powerful corporate demands expressed through state intermediaries and lobbies, will continue to have their day. Any effort to battle this case out in a US setting is most likely, as Rothken asserts, going to take place on an “unfair playing ground”. Next stop: the NZ Court of Appeal.
Right from the start when the New Zealand police deliberately manipulated events and New Zealand media to favour the prosecution, a concerted effort by Kiwi authorities to deprive Dotcom and his fellow accused the right to a fair trial and adequate legal representation; seizing all of Dotcoms available assets, cash and his ability to earn a living, thus depriving him of the ability to fund anything even resembling an adequate defense.
Dotcom was of course then eventually required to go cap in hand to a clearly hostile New Zealand Court to obtain his own funds, which were in any event undoubtedly unlawfully seized by the prosecution, the New Zealand Crown and US DoJ, all aided and abetted by the corrupt New Zealand police.
The reality is however that no one wants to look like a complete fuckwit and New Zealand High Court Judge Murray Gilbert is no different, he had absolutely no choice but to admit that the District Court failed miserably, arguably deliberately, around the matter of copyright infringements and criminality, that it was not a criminal offense as had been deliberately falsely alleged by the Crown. To have argued otherwise would have shown Gilbert to be a complete and utter imbecile which he’s not; although it must be said that in much of the rest of his judgement he does do his best to at least raise the possibility that he is.
The fact is that this case should have been thrown out years ago, the degree and extent of the New Zealand police and prosecutor misconduct would have been sufficient for this to have occurred in most jurisdictions, but not New Zealand; the US DoJ undoubtedly counted on that fact when they entered into preliminary discussions with ex Prime Minister John Key and the New Zealand Commissioner of Police Mike Bush.
LF have held since the outset of this case that the cornerstone on which the Crown prosecution relied, that being criminal copyright infringement, did not exist in law; that it was never an option available to the prosecution. Now if we mere mortals had immediately realised that back in 2012 then who really believes that the best minds at New Zealand’s Police HQ and Crown law were incapable of figuring it out? So why then did these arsehole’s proceed to deliberately destroy Dotcom’s life utilizing an easily provable falsehood?
Was it to steal his money? Because they could? Or did it have more to do with New Zealand’s status as Hollywood’s preferred crap film capital being put at risk?
Murray Gilbert’s fatally flawed Judgement will now be appealed and the concerns and opinions of Kiwi Barrister Anthony Malloy have, unfortunately for New Zealand’s fast dwindling reputation, well and truly withstood the test of time and the shit thrown at him.
For those that are interested in dissecting Murray Gilbert’s appalling legal handiwork his judgement is available via the link below
Binoy Kampmark’s Notes: