Legal Issues

by Mike Masnick


Filed Under:
evidence, kim dotcom, law enforcement

Companies:
megaupload



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.

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  1. identicon
    Androgynous Cowherd, 10 Apr 2012 @ 3:08pm

    Given all the mismanagement of the case, possible loss or tainting of evidence, and so forth by the state in this instance, I think the court should just dismiss the whole thing, with prejudice.

    The state had its one permitted bite at the apple and bollixed it up. Tough patootsies.

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