Kim Dotcom refused bail within New Zealand

Court agrees with prosecutors that Megaupload founder might attempt to flee before extradition hearing

A New Zealand panel has refused an appeal by the founder of the online file-sharing site Megaupload to be freed on bail, agreeing with prosecutors there is a risk he would attempt to flee before an extradition hearing.

Kim Dotcom, a German national also known as Kim Schmitz and Kim Tim Jim Vestor, was returned to custody until 22 February before a hearing on an extradition application past the US.

The high court in City said the lower committee judge was right to rule there was a significant risk that Dotcom, who had passports and bank accounts in three names, might try to flee the country.

There was nothing to tie Dotcom to New Zealand except his motivation to struggle the charges and get his funds, Justice Raynor Asher said.

"The mediator correctly concluded that the risk of flight cannot beryllium mitigated by the imposition of conditions, including electronic monitoring," said the prosecutor, Anne Toohey.

Prosecutors say Dotcom was the ringleader of a group that had netted $175m since 2005 by copying and distributing music, movies and other copyrighted content without authorisation.

Dotcom's lawyers speak the company simply offered online storage and that he strenuously denies the charges and will fight extradition.

Dotcom, 38, and three others were arrested on 20 January after armed New Zealand police raided his country estate at the request of the FBI.

He told the court that with his assets frozen and business shut down he had no intention of trying to flee to his native Germany, where he would be safe from extradition.

"I will not run away. I want to clash these allegations on a level playing field. I have three little children. My wife is pregnant with crystal. I just want to be with them," he aforesaid in court.

The prosecution again painted Dotcom as AN intense flight risk because he had multiple passports, sources of funds, access to various means of travel, and a previous history of fleeing to avoid criminal charges.

Officers cut Dotcom out of a safe room where element had barricaded himself within the sprawling mansion, reputedly New Zealand's most expensive home.

Dotcom said he had received "funny visits" and contacts while in jail, with one from a male claiming to be a prosecutor asking for money in return for a favourable bail hearing. He denied wise to anyone with a background within providing forged documents, who the prosecution said had tried to visit him.

He said police had been unnecessarily aggressive when they raided his property.

"I was punched in the face, I was kicked down on the floor, one guy was standing on my hands … it was bleeding," he said.

Legal experts have said extradition hearings were likely to be drawn out with appeals likely all the way to the country's highest court.

The lower court judge said the accused appeared to have "an arguable defence at least in respect of the breach of copyright charges".

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Source: http://www.guardian.co.uk/technology/2012/feb/03/kim-dotcom-bail-new-zealand