Kim Dotcom has won another battle in his ongoing legal case over his extradition and alleged copyright breaches.
Justice Helen Winkelmann has released her judgment
today in relation to the return of items seized from Dotcom's
Coatesville Mansion in January 2011 and the decision is in the internet
tycoon's favour.
The judgment was delivered following a hearing in
April where Dotcom's lawyers were asking for the return of items seized
during the raid.
Crown lawyer David Boldt said at the time it would
be difficult to sift through the large amount of information to
determine what was relevant and what was not.
"Just about anything which has digital storage
capacity could contain relevant material, including entertainment
systems. That needs to be looked at in terms of its relevance before a
decision is made to return it," he said.
Meanwhile Dotcom's lawyer Paul Davidson said the
denial of the information left Dotcom defenceless to fight extradition
to the US where he faces the copyright breach charges.
Justice Winkelmann has
ordered the review of all items seized, including the contents of
digital storage devices, for the purpose of identifying irrelevant
material. The process is to be paid for by the police.
Any items found to be irrelevant to the case has to be returned to Dotcom and the other accused, she says.
Justice
Winkelmann also ordered two copies of other "mixed content" devices to
be made. One, a complete clone, is to be given to Dotcom and another
copy with personal files deleted is for the US authorities.
Copied
data created by the FBI and held by police will also be provided to the
accused when Dotcom hands over encryption passwords.
An
order was also made requiring the examination of original devices which
were cloned and if they are irrelevant to the investigation must be
returned.
Police were also to request the US authorities destroy the irrelevant cloned material.
The Police say they are considering the judgement and will seek advice from the Crown.
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