Megaupload.com's servers aren't the only ones being held in limbo by government authorities in the early stages of the prosecution of Kim Dotcom. Now it seems a single personal server storing extensive CCTV footage of the Dotcom mansion—including video documenting the police raid of the Megaupload CEO's sprawling estate—is being held by authorities with no intention of handing it over.
While courts have declared Kim Dotcom a flight risk, leveled firearms charges at Dotcom's head of security, and seized $50 million in Megaupload assets, some have wondered if it all seems a little much for someone embroiled in what is essentially nothing more than a copyright infringement case. And reporter John Campbell of New Zealand's 3 News channel says despite the fact that "security camera footage was not on any seizure warrant and had no bearing whatsoever on any charges laid against Kim Dotcom," the public in general and the Dotcom defense specifically are not being allowed access to the only record of what happened during the raid.
Without the videos, it's unclear whether the FBI was at the house, what guns were carried, and whether they were pointed at anyone. In Campbell's report, Dotcom family Security Chief Wayne Tempero said on the day of the raid he was confronted on the grounds by men who did not identify themselves as police. According to 3 News' report, Dotcom's legal team wants the footage to file a "Complaint to the Independent Police Conduct Authority about the police raid that day," which "was excessive and heavy handed."
In a February interview with 3 News, Deputy Police Commissioner Malcom Burgess said of the video footage, "I'm not sure whether we have that footage...we are reasonably satisfied that we were upright in an environment that had multiple cameras."
Since January, the Dotcom legal team has asked for the footage, but police refused, until finally the agency agreed that an IT expert for DotCom could come and collect a copy of the footage. When the IT expert arrived at the police station, he found the server completely disassembled, and authorities said they could not reassemble it or give him any footage. Now, no one outside the police agency is sure the footage still exists.
The New Zealand police declined to give an interview to Campbell, but sent an e-mail stating, "Police would happily release the footage in question but currently have no authority to do so. The footage is contained on a hard drive lawfully seized on a warrant obtained by police at the direction of Crown Law following a properly formulated mutual legal assistance request from the United States." Still, as long as the footage remains unavailable, it is impossible to know whether Dotcom's story or the police's story is true.
Listing image by Image courtesy of 3 News
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