Kim Dotcom 'determined' to establish innocence after Megaupload pair plead guilty

LAWRENCE SMITH/Stuff
Bram van der Kolk and Mathias Ortmann react after admitting charges against them at the High Court at Auckland.

Kim Dotcom wasn’t aware his Megaupload co-accused would plead guilty to a number of charges on Wednesday morning, and his lawyer says Dotcom still wants to establish his innocence.

Bram van der Kolk, 39, and Mathias Ortmann, 50, appeared at the High Court at Auckland on Wednesday jointly facing charges including participating in an organised criminal group, causing loss by deception and using a document for pecuniary advantage.

Ortmann and van der Kolk pleaded guilty to all the charges they faced and spoke to Stuff outside court, saying they wanted to put the 10-year legal saga behind them and learn from their mistakes.

But Dotcom’s lawyer, Ron Mansfield, QC, said the guilty pleas came as a surprise and were a real concern, considering the pair had spent the past decade adamant they were innocent.

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Earlier this year, it was confirmed van der Kolk and Ortmann would not be extradited to the United States to face charges and would instead be charged in New Zealand.

Outside court on Wednesday, Ortmann and van der Kolk said they wanted to move on and put Megaupload behind them.

Megaupload executives Mathias Ortmann and Bram van der Kolk pleaded guilty on Wednesday.
Lawrence Smith/Stuff
Megaupload executives Mathias Ortmann and Bram van der Kolk pleaded guilty on Wednesday.

“There’s no point in dwelling on these proceedings any longer and [we are] putting it behind us and accepting our responsibility.

“After 10 years of being on bail in this country, we are firmly rooted in New Zealand.”

Ortmann said they want to contribute economically to the country and be good citizens.

Van der Kolk said the pair feel their rehabilitation started a long time ago.

“We are very proud of what we’ve built, and we are very much looking forward to continue to build...we want to focus on productive things and do great things for society and learn from our mistakes,” van der Kolk said.

Bram van der Kolk and Mathias Ortmann say they want to move on. (File photo)
RICKY WILSON/Stuff
Bram van der Kolk and Mathias Ortmann say they want to move on. (File photo)

Court documents show Kim Dotcom is named as allegedly co-offending with the defendants from January 2005 to January 2012.

The pair were jointly charged with conspiring with Dotcom and others, by dishonestly, without claim of right and with intent to obtain pecuniary advantage, obtaining documents, by hosting and distributing infringing copies of copyright works through the operation of megaupload.com and associated websites.

Kim Dotcom wasn’t aware his Megaupload co-accused would plead guilty, according to his lawyer.
Chris Mckeen/Stuff
Kim Dotcom wasn’t aware his Megaupload co-accused would plead guilty, according to his lawyer.

They were further charged with causing loss by deception exceeding $1000 to other persons, namely the owners of copyright in works obtained, hosted and distributed by megaupload.com and associated websites.

Justice Sally Fitzgerald convicted the pair and remanded them on bail to appear for sentencing.

Dotcom was arrested in 2012 when armed police stormed his rented Auckland mansion by helicopter at dawn, at the behest of the FBI, alleging he was part of a “mega conspiracy”.

Last year, a ruling by New Zealand’s highest court cleared the path for a decision to be made on whether Kim Dotcom should be extradited to the United States.

A final decision on whether Dotcom will be extradited sits with the Justice Minister.

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Kim Dotcom's larger-than-life experiences were captured in a 2017 film, but since then most of the action has been in the courtroom.

US prosecutors alleged his Megaupload internet business facilitated widespread piracy of films and publications, costing rights holders more than US$500 million (NZ$757m).

Mansfield said it appeared “deals” had been struck between the pair and prosecution.

“...That concern is especially real when ‘deals’ have clearly been influential in that decision and the nature of the ‘deal’ remains a secret.

"The real question is why Mr Dotcom has not been offered a prosecution here and why our system of justice has become so preferential to a select few and only when it serves the government’s interest."

Ron Mansfield QC says Kim Dotcom is still determined to establish his innocence.
David White/Stuff
Ron Mansfield QC says Kim Dotcom is still determined to establish his innocence.

Mansfield asked what had happened to the principles of open and impartial justice.

"It seems when pressured by the United States, these can be easily cast aside, as they have here. Mr Dotcom is determined to establish his innocence and to expose the injustice of this process."

A police spokesperson previously said Ortmann and van der Kolk’s charges related to their involvement in a file storage and viewing website.