INDEPENDENT 2024-08-18 00:08:47


Internet entrepreneur Kim Dotcom to be extradited to US

Internet entrepreneur Kim Dotcom is set to be extradited to the US from New Zealand to face criminal charges relating to the defunct file-sharing website Megaupload after he lost a 12-year legal battle.

New Zealand justice minister Paul Goldsmith said on Friday that he had signed orders to extradite the internet mogul to the US.

The decision could mark the end of an almost 12-year legal tussle with New Zealand authorities after US authorities shut down Mr Dotcom’s file-sharing website Megaupload and charged him with conspiracy, racketeering, and money laundering, along with three others.

German-born Mr Dotcom, whose birth name is Kim Schmitz, was arrested following a dramatic raid by New Zealand officials at his mansion in Auckland in 2012 along with three others. The raid was conducted at the request of the FBI.

Prosecutors said his website Megaupload raked in at least $175m (£136m) – mainly from people who used the site to illegally download songs, television shows, and films – before the FBI shut it down earlier that year.

He has, however, described himself as an “internet freedom fighter” and claims he had no control over what users uploaded on the website.

New Zealand’s justice minister said that Mr Dotcom should be surrendered to the US to face trial but did not set a date for his extradition.

“I considered all of the information carefully, and have decided that Mr Dotcom should be surrendered to the US to face trial,” Mr Goldsmith said.

“As is common practice, I have allowed Mr Dotcom a short period of time to consider and take advice on my decision. I will not, therefore, be commenting further at this stage.”

Reacting to the news, Mr Dotcom said, “Don’t worry I have a plan,” along with a wink emoji, and added, “I love New Zealand. I’m not leaving.”

In comments to the New Zealand Herald, he said he “received extensive advice” from government officials.

Mr Dotcom faces a maximum prison sentence of 55 years if convicted on all counts, according to the Justice Department.

A member of his legal team, Ira Rothken, said, “Our legal team is working on a judicial review in the High Court for Kim Dotcom in New Zealand. The fight for justice continues. The world is watching”.

Mr Dotcom, 50, founded the website in 2005, which went on to become hugely popular in the US. At its peak, the website became the 13th most popular in the world, accounting for 4 per cent of all online traffic.

He used to live in a Hong Kong hotel before gaining New Zealand residency in 2010. Two years later, he was arrested but was released on bail. The website generated millions of dollars in revenue, causing an estimated $500m in damages to copyright holders after copyrighted material was illegally shared on it.

He has since started a political party and another file-sharing website called Mega, alongside fighting the US prosecutors’ attempts to extradite him.

However, in 2021, New Zealand’s Supreme Court ruled that Mr Dotcom and two other men could be extradited.

Two of his former business partners, Mathias Ortmann and Bram van der Kolk, pleaded guilty to charges against them in a New Zealand court in June 2023 and were sentenced to two-and-a-half years in jail. The US dropped efforts to extradite them in exchange for the guilty plea.

Prosecutors had earlier abandoned their extradition bid against a fourth officer of the company, Finn Batato, who was arrested in New Zealand. He left for Germany, where he died of cancer in 2022.

British judge condemned over Jimmy Lai case quits media freedom panel

A British judge who was condemned for upholding the conviction of pro-democracy campaigner Jimmy Lai in Hong Kong has quit a top media freedom panel.

David Neuberger, who is paid £40,000 to sit as an overseas non-permanent judge on Hong Kong’s top court, has withdrawn as chair of the high-level panel of legal experts that advises the Media Freedom Coalition (MFC) advocacy group, an international NGO.

His resignation comes just days after voting to uphold a 14-month jail sentence for 76-year-old Beijing critic Mr Lai, who is a British citizen.

Lord Neuberger said it was “undesirable” that his work as an overseas judge in Hong Kong would distract from the mission of the MFC – which includes 51 countries – and resigned in a letter released on Thursday.

In the letter, Lord Neuberger said: “I have now concluded that I should go now, because it is undesirable that focus on my position as a non-permanent Judge in Hong Kong should take away, or distract, from the critical and impactful work of the High Level Panel.”

“It has been an enormous privilege and pleasure to work with so many intelligent, committed, and interesting people on such an important cause.”

But human rights groups have hit out at the decision. “He is choosing the court of Hong Kong over media freedom and integrity. We do not applaud Lord Neuberger’s resignation,” Mark Sabah of the Committee for Freedom in Hong Kong Foundation said. “It is absolutely astonishing that Lord Neuberger has chosen to remain on the Hong Kong Courts overseeing an appeal of British citizen, Jimmy Lai, and other pro-democracy activists, rather than step down.”

On Monday, the former Supreme Court judge voted to uphold the conviction of Mr Lai who supported anti-Beijing protests in 2019 and has been locked up for four years during a Beijing-led crackdown on dissent.

Former Hong Kong governor Chris Patten told The Independent on Tuesday that it was “obvious” the case Lord Neuberger upheld was an “act of vengeance” by the city-state’s government. Mr Lai’s son, Sebastien, said that time is “not on our side” to save his father, particularly given his age.

Mr Lai was jailed in 2021 for taking part in a pro-democracy rally, and faces a life sentence on separate national security charges described as “politically motivated” by Amnesty International.

Lord Neuberger told The Independent earlier this week that he would not comment on the Lai judgment as it had to “speak for itself”. He has previously vowed to stay on as a judge and said he would “support the rule of law the best I can”.

The Independent has reached out for comment from Lord Neuberger over his resignation from the Media Freedom Coalition.

More than 1,800 political prisoners have been detained in Hong Kong in a crackdown since mass pro-democracy protests in 2019.

Two British judges quit Hong Kong’s Court of Final Appeal in June and warned the territory was “slowly becoming a totalitarian state” with the rule of law “profoundly compromised”.

Mr Lai’s appeal centred on the questions of whether his conviction was proportionate to fundamental human rights protections set out in a pair of non-binding decisions by Britain‘s Supreme Court known as “operational proportionality”.

But Lord Neuberger’s judgment said the British court’s decisions should not be followed in Hong Kong as there is a difference between the legal frameworks for human rights challenges in the two jurisdictions.

British judges have sat on the Hong Kong’s Court of Final Appeal since 1997 on a non-permanent basis as part of an agreement when the city was handed back to China by the UK. The judges are all retired from their UK roles.

Typhoon Ampil: Thousands evacuated and hundreds of flights cancelled

Thousands of people in Japan have been ordered to evacuate and hundreds of flights and trains have been cancelled as typhoon Ampil bears down on Tokyo.

The widespread disruptions come as Japan is celebrating the Obon holiday week when millions of people return to their hometowns.

Ampil, which is expected to reach waters near Tokyo by Friday evening, is the seventh typhoon of 2024 to hit Japan. It is packing sustained winds of 162kph and moving north at 15kph, according to the Japan Meteorological Agency.

Although Ampil is not expected to make landfall and may weaken to a tropical storm by Sunday, authorities have issued evacuation orders and warnings in anticipation of dangerous conditions.

The typhoon is expected to pass close to the Tokyo region, home to almost 40 million people, on Friday and move towards the Pacific coast.

In Fukushima prefecture, more than 320,000 residents of Iwaki city were ordered to evacuate to 30 designated shelters such as school gymnasiums and community centers.

Similar evacuation warnings were issued for at-risk areas in the cities of Asahi and Mobarashi in Chiba prefecture, located east of Tokyo.

As Friday progressed, Tokyo experienced drizzly and windy conditions, although the city’s streets were relatively quiet due to the Obon summer holiday period and the stormy weather. Despite the typhoon, stores in the capital remained open, though officials have urged residents to avoid rivers, beaches, and other potentially hazardous areas.

Shuichi Tachihara, chief forecaster at the Japan Meteorological Agency, warned of “extremely fierce winds and extremely fierce seas” as Ampil continued its path northward.

On the island of Hachijojima, south of Tokyo, residents were seen boarding up windows as the typhoon passed the Hachijo island group by midday Friday.

Japan Airlines has cancelled 191 domestic and 26 international flights, some of which were scheduled to arrive or depart from Tokyo’s Haneda airport on Friday.

All Nippon Airways announced the cancellation of 280 domestic flights on Friday, which it said would affect about 60,400 passengers scheduled to fly to regions such as Osaka, Fukuoka and Okinawa.

Approximately 90,000 travelers were affected by the cancellations, according to Japanese media reports.

Central Japan Railway cancelled all Shinkansen bullet train services between Tokyo and Japan’s industrial heartland of Nagoya on Friday.

Rail services on the Tohoku, Yamagata and Joetsu Shinkansen lines were operated on a reduced service from 11am on Friday.

Tokyo Disneyland, which typically remains open until 9pm local time, closed early at 3pm.

Yamato Transport, responsible for delivering packages for Amazon and other online retailers in Japan, suspended all deliveries in Tokyo and nearby regions for Friday and Saturday.

The weather agency warned residents in eastern regions to be highly vigilant against storms, high waves, heavy rains and possible landslides.

“We urge the public to stay informed about evacuation advisories and take early steps to seek safety,” disaster management minister Yoshifumi Matsumura said at a regular briefing.

In a rare advisory, Japan’s Coast Guard asked large vessels to evacuate Tokyo Bay and to avoid venturing out into the sea.

Japan is bracing for Ampil’s arrival less than a week after Storm Maria lashed the country with intense rainfall, prompting the evacuation of thousands of residents.

Footage from NHK public television shows muddy waters flooding rivers in towns like Iwaizumi, where a 2016 typhoon claimed nine lives.

Party’s error rules out 100 candidates from Australian election

More than 100 Liberal party candidates will be unable to run for local elections in Australia due to a disastrous administrative error from the party.

The party missed a key deadline to file paperwork for the New South Wales council election, automatically ruling out scores of candidates – including some long-serving and well-known politicians – from the running.

Not a single candidate for the party was registered before the Wednesday deadline in seven local government areas for the elections being held next month, drawing widespread criticism.

The state’s party director Richard Shields has apologised, blaming the failure to complete paperwork in time on “limited resources”.

“With the secretariat resources that we had available, unfortunately, we were unable to nominate in all of the local government areas that were put forward by the state executive,” Mr Shields said in a statement.

“The status of nominated Liberal candidates will be communicated upon confirmation from the NSW Electoral Commission. On behalf of the secretariat, I would like to apologise to Liberal-endorsed councillors that were not nominated and to the party membership more broadly.”

The party members learnt yesterday about the missed deadline, which leaves 12 Sydney council seats without Liberal candidates.

NSW Liberal leader Mark Speakman has demanded Mr Shields’ resignation.

“Our party administration has let the candidates, the party members and the general public down,” Mr Speakman said. “I am disappointed, indeed I’m furious, on behalf of those candidates who have missed out, including sitting councillors.

“Unfortunately, in these circumstances, the state director has to fall on his sword. He is the chief executive who runs the organisation. He is the chief who is responsible. He has to fall on his sword.”

Lashing out at Mr Shields for failing to undertake “basic administrative process”, he said: “If you don’t have the adequate resources, you let candidates know and they can lodge their nominations themselves.”

Lane Cove mayor Scott Bennison blamed “internal politics” at head office for the missed deadline.

“It’s just absolutely hopeless,” Mr Bennison said on the 2GB radio station, as he expressed his exasperation at being passed over for a candidacy in favour of a 22-year-old political staffer.

“It’s the internal politics in head office, that just delays the preselection of candidates,” said the mayor, who resigned two days ago.

According to Sky News, the full list of candidates is likely to be made available on Thursday by 2pm.

India responds after Olympic wrestler Phogat’s medal appeal rejected

The Indian Olympic Association has expressed “shock and disappointment” after a court dismissed an appeal from star wrestler Vinesh Phogat over her Paris Olympics disqualification.

The star wrestler had filed a plea before the Court of Arbitration for Sport (CAS) to be considered for a shared silver medal after she was disqualified on the morning of her gold medal fight.

She was slated to lock horns with Sarah Hildebrandt of the US on 7 August in the 50kg weights category, but lost her bid after she was found to be 100g overweight on the morning of the match.

Her appeal at CAS was twice delayed before India’s hopes of a seventh Paris medal were dashed on Wednesday, as the ad-hoc division of the CAS rejected her appeal.

In a strongly-worded statement responding to the decision, the Indian Olympic Association said: “The operative part of the 14 August decision, which dismisses Vinesh’s application to be awarded a shared silver medal women’s 50 kg category at the Paris Olympic Games 2024, has significant implications for her in particular and the sporting community at large.”

“The marginal discrepancy of 100 grams” raises serious questions about ambiguous rules and their interpretation, the body said, as it sought a “deeper examination” of the regulations.

Such “inhuman regulations” put undue “physiological and psychological stresses” on athletes, the association claimed, adding: “It is a stark reminder of the need for more equitable and reasonable standards that prioritize athletes’ well-being.”

The Indian sporting body said it was providing ongoing support to Phogat and exploring further legal options, though it was unclear what those might be.

A day after her disqualification last week, Phogat announced that she was retiring from the sport. In a post written in Hindi, she said: “My courage is broken, I don’t have any more strength now. Goodbye Wrestling, 2001-2024.”

Members of the Indian sporting fraternity have come out in support of Phogat, expressing their dismay at the CAS verdict.

“It’s disappointing but we can’t do anything about that,” said Indian field hockey player PR Sreejesh, who helped his team win a second consecutive Olympic bronze medal in Paris.

“I believe your medal was snatched away in this darkness. You are shining like a diamond in the whole world today,” said fellow wrestler and Tokyo Olympics bronze medallist Bajrang Punia, who had joined Phogat last year in long sit-in protests demanding an investigation of sexual harassment allegations against former Indian wrestling federation chief Brij Bhushan Sharan Singh.

National wrestling coach Virendra Dahiya called the CAS decision “unfortunate”.

“It is very unfortunate and a jolt for us. We were very hopeful that the decision would be in our favour. But it is unfortunate for Indian wrestling and the country,” he said.

Phogat is expected to return to India this Saturday, six days after the closure of the Paris Olympics where India won six medals – one silver and five bronze – coming 71st in the medal table.

Sheikh Hasina ends silence in exile: ‘I seek justice from the people’

Exiled Bangladesh prime minister Sheikh Hasina has called for an investigation into the killing of hundreds of students during street protests that toppled her government earlier this month.

In a statement posted on X by her son Sajeeb Wazed, Ms Hasina sought “a thorough investigation to identify and bring to justice those responsible for these heinous killings and acts of sabotage”.

She is herself facing a murder investigation by the interim government over the fatal police shooting of a man during the protests.

“Students, teachers, police officers—including pregnant women—journalists, cultural activists, workers, leaders, activists of the Awami League and its affiliated organisations, pedestrians and others who were working in various establishments have fallen victim to terrorist aggression and lost their lives. I express my heartfelt sorrow and pray for the peace of their souls” Ms Hasina said in the statement, speaking for the first time since fleeing to India on 5 August.

“I seek justice from the people of this nation.”

Ms Hasina recalled the assassination of her father Sheikh Mujibur Rahman, the founder of Bangladesh, and 15 other family members during a military coup on 15 August 1975.

She urged the public to mark 15 August as the National Day of Mourning even though the interim government has cancelled the public holiday.

Nearly 500 people have been killed in violent protests that began in late June as a demand to rollback a contentious jobs quota but soon turned into an agitation against Ms Hasina’s government. The agitation culminated with the ouster of Ms Hasina and, subsequently, the chief justice of the country.

The fall of Ms Hasina’s government collapsed law and order in the country with police and security personnel, who had taken over the streets during the protests, nowhere to be seen.

After Ms Hasina escaped on a helicopter, the protesters stormed and vandalised her residence in Dhaka and set fire to a museum dedicated to the memory of her father.

“Extreme humiliation has been given to Father of the Nation Bangabandhu Sheikh Mujibur Rahman, under whose leadership we got self-dignity as an independent nation,” she bemoaned in the statement. “They have insulted the blood of millions of martyrs.”

“Today it has been destroyed,” she added, referring to Bangladesh.

Ms Hasina broke her silence after police under the new interim government launched a murder investigation against her for the killing of a grocer named Abu Sayeed, who was shot dead on 19 July. The case was brought by Amir Hamza, a businessman, who claimed that Sayeed’s family did not have the capacity to seek justice.

“I am the first ordinary citizen who showed the courage to take this legal step against Sheikh Hasina for her crimes. I will see the case to an end,” Mr Hamza told Reuters.

Mr Hamza petitioned a Dhaka court for an investigation into Sayeed’s killing and named Ms Hasina as a suspect along with former home minister Asaduzzaman Khan, Awami League general secretary Obaidul Quader and top police officials.

The court, in turn, asked the Mohammadpur police station to start an investigation and report back to it.

Ms Hasina ruled Bangladesh with an iron first for 15 years and faced allegations of violating basic rights, stifling dissent and freedom of speech, and overseeing corruption.

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