Crown appeals against decision to release some of Kim Dotcom's frozen assets
The Crown is appealing against the High Court's decision to throw Kim Dotcom a bone by releasing a portion of his frozen funds to help cover mounting legal fees.
In February, a "broke and destitute" Dotcom appeared before Justice Patricia Courtney at the High Court in Auckland in a bid to recover some of his frozen assets to pay legal fees, said to be about $4 million.
True to form, Dotcom announced the Crown's appeal on Monday night via his Twitter account.
"Crown Law just appealed the High Court decision that released some of my frozen assets for legal fees & living expenses. #StarveOutStrategy," he tweeted.
His lawyer Ron Mansfield confirmed the Crown had lodged documents in the Court of Appeal.
A successful appeal would mean the release of funds would stop and Dotcom's ability to defend himself would be smothered, Mansfield said.
"It creates further uncertainty and, if funds are restricted or stopped for his legal expenses, it means he will be unable to continue the preparation for the extradition hearing," he said.
"He won't be able to pay his lawyers or the legal experts needed to give evidence in court."
If Dotcom was simply left to get on and get ready, there would have been a hearing by now, Mansfield said.
"All he is asking for is a fair go. A fair go with adequate funding from his own resources to be able to defend the allegations made against him."
The funds released so far were all that were available to be used in Dotcom's defence because everything else was restrained under various orders, Mansfield said.
"We've only just been served today and we still need to clarify what they are seeking in the appeal. However, we don't believe there are grounds for an appeal."