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Many a true word...

Bad news for the prospects of Kim Dotcom getting a fair deal from the NZ justice system.

Judge David Harvey has recused himself from the case in which US federal prosecutors are seeking the extradition of Kim Dotcom to face charges in the USA.

Harvey is almost certainly NZ's most experienced, informed and suitable judge for deciding this case, since he has been closely involved in "matters internet" for many years.

Indeed, on a number of occasions I've received emails from him with helpful perspectives and comments on matters I've written about in this very column.

That he has chosen to recuse himself in the wake of what could only have been seen (by any half-intelligent person) as a humorous reference to someone else's comments is a big setback for the Dotcom defense team -- however, it speaks volumes for the Judge's integrity and objectivity.

Although I've always had the greatest respect for Judge Harvey's abilities and impartiality - that respect has now been ramped up by an order of magnitude.

Had he not stood down from this case, the prosecution (whose performance to date has been far from stellar) would have almost certainly seized the opportunity to challenge his independence.

If he had ultimately denied the extradition request you could be sure that the prosecution would have used his humorous quip as justification for an appeal.

So in a move that restores one's faith in the judiciary, Judge Harvey has potentially saved the taxpayer a fist-full of money by removing any such possibility.

However, we're now left wondering who (if anyone) is equally as well qualified to deal with the very complex issues surrounding this case.

And, if the next judge is not as well-informed and experienced in this area, how can we be sure that Kim Dotcom will get a fair hearing?

It is obvious that to date, certain elements of NZ's policing and justice systems have bent over (backwards) to accommodate the demands of US prosecutors and Judge Harvey was a refreshing check on those abuses. Can we be sure that his replacement isn't as biased and prone to forelock tugging as the crown prosecution service and the police who conducted the raids on KD's mansion?

With a growing number of NZers carefully watching the activities around TPPA, ACTA and other attempts to usurp NZ's sovereignty in respect to copyright law, I strongly suspect that the government and the courts will have to tread very carefully from this point forwards.

Any further moves to place the interests of the USA's recording and movie industries ahead of the rights of Kiwis and NZ residents will not be received well by those to whom the government and its agencies are ultimately answerable.

To be honest, I don't really care whether KD is guilty of the charges that have been leveled by the USA. What I do care about is that the process has been abused by those who should know better -- yet those who have effectively broken the law right here in NZ by abusing those processes appear to be facing no sanctions for doing so.

Hypocrisy is never a good look - especially when it's engaged in by those who we rely on to protect our rights.

I now fear that if KD is extradited (rightly or wrongly), the public reaction will not bode well for the government or its servants in this matter.

Let's hope some commonsense prevails and we don't prove ourselves to (once again) be nothing more than lapdogs to the USA.

Do readers think that KD can get a fair hearing now?

Should those who abused the system in raiding KD's home and exporting evidence after being told not to, face criminal actions or other sanctions themselves? If they are not charged or punished for their "unlawful" actions, doesn't that make a mockery of the whole fairness of our justice system?

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