Back in January when Megaupload founder Kim Dotcom was arrested by New Zealand authorities, his assets were seized. Now the order to seize those assets is being deemed invalid.
TorrentFreak is reporting that the New Zealand High Court has determined the order allowing authorities to seize Dotcom’s assets is “null and void.” The reason given is that authorities applied for the incorrect type of court order. So essentially someone filed the paperwork for the wrong thing and as a consequence of that, Dotcom could have all of his property returned to him very soon.
The Police Comissioner applied for a “foreign restraining order,” which apparently limited Dotcom’s ability to fight the seizure. The correct type would have been an “interim restraining order.” The error was apparently discovered on January 30 and detailed by prosecution lawyer Anne Toohey and the New Zealand Herald notes that Toohey wrote the court and detailed five errors with the application.
Justice Judith Potter notes that the Police Commissioner tried to fix the error by applying for the correct type of restraining order after the fact, although it was a temporary order. Potter will rule this week on whether or not this “procedural error” will result in Dotcom having all of his property returned to him.