Also, asks court to dismiss the Criminal Case!



Megaupload argues that, because it is not based in the United States and has no offices there, it is not subject to US criminal law. Also, judge ordered US Govt. to handle all the evidence ASAP!

New Zealand District Court Judge David Harvey, ruled on a request from MU’s legal team for the U.S. Government to reveal what evidence they have on the defendants, which means, they want to see the extent to which the U.S. authorities can back up their criminal charges.

The U.S. Government objected, but Judge Harvey disagreed!

He ordered the disclosure of all documents related to the alleged criminal acts, not just those in the possession of New Zealand police, but all files held by the FBI and other U.S. authorities as well.

Much of today’s ruling looks into procedural issues, but Judge Harvey also makes some interesting remarks on the way the U.S. is handling this case. He notes that if the U.S. has its way the extradition process would be merely “administrative”, as opposed to “judicial”. This would interfere with the rights of the accused, who according to Judge Harvey should have the right to review the evidence so they can argue against it.

“In my view there must be fairness and the hearing and balance must be struck, otherwise the record of case becomes dominant virtually to the exclusion of everything else and places the extradition process in danger of becoming an administrative one rather than judicial,” the verdict reads.
The Judge concluded with an order for the US Government to hand over all documents related to the charges within 21 days.

Additionally, Kim Dotcom’s legal team has asked a Virginia federal court to dismiss the criminal case the U.S. Government started in January!

Megaupload’s lawyers just filed a motion to dismiss at the District Court for the Eastern District of Virginia. Their argument is simple. The U.S. authorities failed to serve Megaupload as is required in a criminal case. Because of this failure and the fact that the company was effectively put out of business, Megaupload’s due process rights have been violated.

To claim a due process violation Megaupload has to shows that a liberty or property interest which has been interfered with by the State and that the procedures attendant upon that deprivation were constitutionally sufficient.

[...]

“Both prongs of the procedural due process test are plainly met here. The Government has seized Megaupload’s property and domain name, ruined its reputation, and destroyed its business pursuant to an indictment which is fatally flawed as a jurisdictional matter. Megaupload now finds itself in a state of abeyance, with no end in sight,” they write.

“As a result of the Government’s inability to properly serve the summons on Megaupload, this Court lacks jurisdiction over the company. In the absence of effective service of process, criminal proceedings against Megaupload cannot commence, and as the Court has aptly noted, we ‘frankly don’t know that we are ever going to have a trial in this matter’.”

Megaupload’s legal team therefore concludes that, “Megaupload is thus deprived of any procedure to clear its name or recoup its property, in clear violation of its due process rights.”
So, MU striked back. If this issue indeed prevents Megaupload from being tried in the US, it would be a blunder of epic proportions. What do you think?

NEWS SOURCE #1: Megaupload wins crucial evidence disclosure battle with US govt. (via) TorrentFreak
NEWS SOURCE #2: Megaupload claims it is beyond the reach of US criminal law (via) ArsTechnica

Our thanks to 'Gauss' for this news item!