13 May 2014

Dotcom court told no evidence of discussion with SIS

7:49 pm on 13 May 2014

Lawyers for internet mogul Kim Dotcom are asking a court to act as ombudsman and review their requests for information from the Government Communications Security Bureau, Minister of Justice Judith Collins, the Corrections Department and others.

But some of the information has been witheld on the grounds that it could endanger the country's security or that it could betray the trust of another government who supplied the information.

Kim Dotcom.

Kim Dotcom. Photo: RNZ

The normal course of action for parties not satisfied with request for information is to head to the Ombudsman.

But instead, Dotcom's lawyer Paul Davison QC said it was the court's role to intervene.

He said the court must ensure parties could prepare for their case and his client could lose his liberty after the extradition hearing.

Dotcom's legal team had been busy making requests under the Official Information Act.

Mr Davison told the court that a request to the Department of Corrections showed that while Mr Dotcom and his associates were held at Mt Eden Prison, Mr Dotcom made 44 phone calls, 13 of which were monitored by Corrections staff.

Mr Davison said his understanding was that Corrections could monitor calls of prisoners to keep the peace in prison and ensure no one was planning an escape or crimes on the outside.

He said to suggest Dotcom was doing any of that was fanciful.

Mr Davison alleged Corrections had passed the information to Police and that constituted an abuse of process.

Mr Dotcom has also gone to the Minister of Justice Judith Collins to seek the extradition request from the United States.

Mr Davison said the Minister was clearly involved in the extradition process and he needed the information to prepare Mr Dotcom's case.

Mr Davison said he also wanted clones of Mr Dotcom's hard drives.

The court has heard how New Zealand Police had 18 hard drives cloned. The FBI have taken them from NZ unlawfully.

Mr Davison said Mr Dotcom needed a copy. He said the US held all the cards and there was an imbalance of power.

Lawyers for the US said the District Court was being asked to over-rule the Supreme Court.

Their submissions will continue on Wednesday but Christine Gordon QC said the Supreme Court had already ruled that the Extradition Act did not require full disclosure.

The hearing continues.