Bill Hodge: Former Auckland University Law Professor on the extradition of Kim Dotcom and his likely trial in the US

Kim Dotcom could have his fate sealed by early next year.  

The tech mogul may soon find himself on trial in the US after Justice Minister Paul Goldsmith confirmed he'd signed his extradition.  

Former Auckland University Professor of Law Bill Hodge told Ryan Bridge Dotcom's penultimate step is a judicial review, but he can't precisely predict how long this would take.  

He says if it's a typical judicial review, it could ideally be done within six months, and wonders if the court will expedite it. 

Hodge says his Kiwi family may be his strongest defence. 

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Episode Transcript

Speaker 1 (00:00):
Ti dot Com is back in the news and it
looks like this time he may be on his way
to the United States extradited. Justice Minister Paul Goldsmith has
signed the order for him to leave. Does that mean
he'll actually go? Dot Com made his fortune from file
sharing website mega Upload, which was often used to share
pirated movies and movies and music. He moved to New

(00:22):
Zealand in twenty ten and was pursued by the US government.
Bill Hodgs, former Auckland University law professor Bill good Morning.

Speaker 2 (00:30):
Good morning to you.

Speaker 1 (00:31):
Is this actually going to happen? Because we've been told
for twelve years now that it is.

Speaker 2 (00:37):
There has always been until now another appeal. He's gone
through the District Court, he's gone through the High Court,
he's gone through the Court of Appeal, he's gone through
the Supreme Court. He can't go to the Privy Council.
That's one option that he doesn't have. But yes, there
is one more step. I'll call it an ultimate step,
but it's not an appeal. You use the word appeal

(01:00):
to go from one court to the higher court. But
this has been an executive decision. This is a decision
of the Minister final ticking of the box. And when
you challenge an appeal, challenge a decision of an executive
the minister, that's called a review. So he will be

(01:21):
going to the High Court for judicial review of the
minister's decision. And it has to be not outrageously irrational
and unreasonable. And the Minister is going to be looking
at the terms in the statute, and well the court
will be looking at his looking at it. They'll be
looking over his shoulder. And is dot Com going to

(01:43):
be subject to the death penalty over there? No? Is
he going to be tortured over there? No? Is he
being persecuted because of his religion, because of his nationality,
because of his gender. No. Ultimately it comes down to
this question for the minister, are there compelling or extraordinary circumstances,

(02:04):
including age and health age or health, that would make
it unjust or oppressive to surrender Kim dot Com to
the Americans? That is the test that Goldsmith, Minister Goldsmith
applied and a court will look over his shoulder and
say was that a reasonable decision?

Speaker 1 (02:24):
So, in other words, Kim dot Com has one life lift,
but it's not looking good for him. How long could
that take? And you know when could we actually see
him extradited.

Speaker 2 (02:35):
As long as a piece of strength, I have been
surprised repeatedly about how long it took. Ideally, if it
was a typical judicial review, it could be done within
six months. I'm wondering if the court will expedite it.
I don't know. I'd like to be precise, but I

(02:55):
just can't. But can I say that this matter of
I don't know what a state of health is and
I don't know how they're going to look at his family.
But if I were him, I'd be saying, look, I've
got this enormous family. I've got four children by Mona,
I've got another new child with Elizabeth. You don't want
those children to be thrown onto the mercies of the

(03:17):
Department of Social Welfare and be a burden on the
people of New Zealand. I have to stay here because
of my family. I think that would be the biggest
argument that he's put down not only roots, but he's
put down children here.

Speaker 1 (03:29):
M Bill, thank you so much for that analysis. Bill Hodge,
former Orcan University law professor, talking about Kim dot Com,
who Paul Goldsmith has signed his extradition order to get
him to the United States to face trial over those
file sharing website claims.

Speaker 2 (03:45):
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