Thursday, 5 September 2013

"a fraud is being committed on the courts".

Justice Simon France. He seems to have some brains into how people try and defraud the court!

Kim Dotcom
The Megaupload founder was arrested after an airborne assault on his mansion by machinegun-toting anti-terror police. The warrant used to storm and search the house was declared unlawful - a bungle which led to the Ofcanz admission they had brought the GCSB in to illegally spy on Mr Dotcom. The disastrous operation was carried out at the request of the FBI, which wanted to extradite Dotcom to the US on copyright charges.

The Judge who signed off on the Dotcom warrant was Judge McNaughton at the District Court North Shore. Winkelmann J did have a bit of a go at the Distrcit Court judge. At [55] she notes;

This is because the issuing Judge has expressed himself as satisfied that 'all'' of the items within the second to sixth listed bullet points in the appendix fall wintin s 44(1) (a) or (b).

Yet she disagreed....

[56] This issuing Judge could not have been satisfied that there were reasonable grounds for suspecting that all of the things listed in Appendix A were evidence of breach.......

It is always interesting, when a Judge writes up a Judgement, their words are hardly worth the paper they are written on. When a High Judge can come along and say 'no you were not satisfied'.

 Winkelmann goes on to say...For example, had he turned his mind to it, he would have identified that....

And that is where most District Court Judges go wrong. They forget about other issues or evidence and that tends to be what gets them into trouble.

Red Devils case
In Operation Explorer, an undercover agent worked his way into the Red Devils motorcycle gang in an 18-month investigation. But the case was thrown out by a High Court judge when it was discovered Ofcanz had faked a prosecution against the officer when they feared his cover would be blown. Police bosses said they believed they were acting with the permission of the then chief District Court judge. However, Justice Simon France ordered a stay of proceedings against the Red Devils group as he believed "a fraud is being committed on the courts".

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