Legal Issues

by Mike Masnick

Filed Under:
evidence, kim dotcom, law enforcement


More Mistakes In The Megaupload Prosecution: Videotape Of The Mansion Raid Has Gone Missing

from the destroying-evidence dept

It's really rather astounding just how many things law enforcement has done wrong when it comes to the prosecution against Megaupload/Kim Dotcom. We've seen procedural errors, evidence presented totally out of context, and the desire to destroy relevant evidence. And, now, it turns out that some evidence has apparently been lost or destroyed already. Apparently the security cameras at the complex recorded the details of the raid. Furthermore, the cameras and their recordings were then seized (despite not being included in the warrant). There have been some questions about who was involved in the raid and if they used excessive force -- and there's been something of an outcry in New Zealand about how the raid went down.

So, how about releasing the footage. No can do. According to Ars Technica, that seems unlikely to happen:
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."
Even if the case against Megaupload is really solid, it's amazing at how law enforcement involved so far appears to keep making pretty serious mistakes that make them look fairly clueless. It does not inspire confidence in the more important details of the case itself.

Reader Comments

Subscribe: RSS

View by: Time | Thread

  1. identicon
    Anonymous Coward, 10 Apr 2012 @ 12:35pm


    Somehow I think having the footage of his raid go public will likely be worse for the U.S.'s case than destroying the footage and getting accused of destroying evidence. The U.S. government (and governments in general) get the high court treatment, especially when defending industry interests (at public expense) something outrageous would have had to happen for them to get even a tiny bit more punishment and hiding whatever happened is probably more beneficial than not doing so because then they can deny their wrongdoings, point fingers,deny blame, and dance around the issues or claim "while we didn't do anything wrong, we accidentally destroyed the footage. So you can give us a small slap on the wrist for that, but don't punish us for totaling everything since we didn't do it".

    Ideally, they should get the low court treatment and be treated as if they did the most damage possible, like anyone else would, but that's not likely to happen.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Use markdown for basic formatting. HTML is no longer supported.
  Save me a cookie
Follow Techdirt
Techdirt Gear
Show Now: Takedown
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Report this ad  |  Hide Techdirt ads
Recent Stories
Report this ad  |  Hide Techdirt ads


Email This

This feature is only available to registered users. Register or sign in to use it.