15 Apr 2013

Dotcom postpones bid to sue police over raid

9:32 pm on 15 April 2013

Lawyers for Kim Dotcom have agreed to postpone the internet entrepreneur's bid to sue New Zealand police over the illegal raid on his home.

At a hearing in the Auckland High Court this week they will instead focus on getting back some of Mr Dotcom's property seized during the raid in January 2011.

In 2012, a court ruled that the raid on Mr Dotcom's Coatesville mansion near Auckland was illegal. At the time Mr Dotcom's lawyers lodged two claims - one to seek compensation for damages and the other to get back some evidence seized.

It was agreed in court on Monday to address the claims separately.

Mr Dotcom's lawyer Paul Davison, QC, has called for Assistant Police Commissioner Malcolm Burgess and Detective Inspector Grant Wormald to give evidence regarding their roles in the raid and use of the Government's spy agency in the lead-up to it.

It is currently illegal for the Government Communications Security Bureau to spy on New Zealand citizens or permanent residents. Kim Dotcom is a German national who has residency.

Mr Davison said he would seek to cross-examine Mr Burgess and Mr Wormald, saying the credibility of the New Zealand police force was at stake.

He said Mr Burgess was central to decision-making around the deployment of the special tactics force which was used in what he described as the heavy-handed raid on Mr Dotcom's home.

Mr Davison told the court he also wants to ask Mr Wormald about why he deliberately withheld information about the involvement of the GCSB before the raid.

Outside court on Monday, Kim Dotcom said he is looking for answers about why police decided to go ahead with the raid and hoped to hear more from senior police in court.

"We'll try to get access to more information about the case, that's our main purpose. We just want to know more about what the assessment was, why they did the raids - basically, just looking for more information, more answers."

Mr Dotcom said Malcolm Burgess is among those he would like to hear from.