back to article Video shows armed assault on Kim Dotcom family home

A New Zealand court has been shown footage of the 20 January dawn assault by police and the FBI on the home of Kim Dotcom, owner of the Megaupload file storage site. Dotcom and his co-accused – Mathias Ortmann, Fin Batato and Bram Van der Kolk – face charges of international copyright infringement related to content hosted on …

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    1. Dave 126 Silver badge

      I can think of Mr Duggan, and that poor Brazillian fellow... may a few more over the last decade. But I wouldn't consider these few incidents, in a country of 60 million people, to amount to our armed police to be "completely out of control, their MO being to kill first and don't answer any questions later."

      AFAIK, the individual officers and their command structure have been investigated every time somebody is shot.... months of tedium that I for one would wish to avoid.

      My take is that if our society decrees that it is necessary for some officers of the law to be armed, we must also accept some of the responsibility should an innocent person be shot. After all, the shooting officer is only human, and though he/she will have tried to explore (with drills and training) how he will behave in a real situation (with all its attendant urgency and confusion), they remain fallible. This is not to say that all coppers are innocent, just that some can act in good faith and to the best of their abilities yet still pull the trigger in a situation that, in 20/20 hindsight, turns out not to have demanded it.

      1. Anonymous Coward
        Anonymous Coward

        Last I heard, a year after shooting Mr Duggan, we're still waiting for the officers involved to deign to answer a few questions about it from the IPCC. If they're not too busy, and happen to feel like it, naturally. No rush or anything... I mean it only caused a riot. Something tells me if a member of the public had shot and killed a police officer, he'd have been questioned and charged somewhat speedier than one year later...

        1. wowfood

          reminds me of an old joke. Or was it a true story.

          An old man hears a noise out in the back yard, and sees some kids hanging around his shed, so he calls the police and tells them "I think some kids are trying to break into my shed, could you send somebody over?"

          The police replied that the soonest they could get anyone there would be 45 minutes, so he'd have to hold on until then. A few minutes passed and he called them again.

          "No need to send the police now... I shot them."

          A group of police cars were outside his door within five minutes.

        2. Anonymous Coward
          Anonymous Coward

          "Last I heard, a year after shooting Mr Duggan, we're still waiting for the officers involved to deign to answer a few questions about it from the IPCC."

          True, as of three days ago, apparently.

          "If they're not too busy, and happen to feel like it, naturally. No rush or anything... I mean it only caused a riot. Something tells me if a member of the public had shot and killed a police officer, he'd have been questioned and charged somewhat speedier than one year later..."

          Hearings into this kind of thing take years to complete. It's a balance between speedy justice and getting the full story in.

          Saying that: Look at murder trials. Someone might have been charged for murder in a short period of time, but murder trials take YEARS. Hell: It took 9 months for the guy who burgled my house to finally even GET to court.

          1. Mad Mike

            Speedy

            "Saying that: Look at murder trials. Someone might have been charged for murder in a short period of time, but murder trials take YEARS. Hell: It took 9 months for the guy who burgled my house to finally even GET to court."

            That was so he could commit many, many more. Then, he could ask for them to be taken into consideration and get let off lightly. At the same time, police cleanup figures shoot up. Result all round!!

            1. Anonymous Coward
              Anonymous Coward

              Re: Speedy

              Actually, it was because the CPS are frikkin' swamped and defence always stalls. Plus the little dirtbag kept just not turning up to hearings.

              He was tried for two break-ins at once. The police were more than happy to finally get the little dick behind bars.

      2. Mad Mike

        Police are out of control

        I don't think you want to limit this to armed police. The 'Brazillian fellow' was from my point of view, a failure of intelligence and correct briefing. The person who actually killed him believed he was up against a suicide bomber and under those circumstances, you have few choices and no real chance to be nice and suggests a surrender. If they're willing to die anyway, they're not likely to come quietly. Killing them quickly is generally (and especially in an underground train) the only solution (just hope they don't have a dead man on the detonator). Duggan is a bit different, but again, the police seem to have been briefed wrongly and were under a false impression of what they were likely to meet.

        A better example would be the chap shot dead whilst naked and in his bedroom in Hastings. A naked bloke coming at you with nothing in his hands is hardly likely to be a risk to life and limb. I've watched several documentaries on armed police and have never failed to be appalled by their lack of skills and apparent lack of sense. I've also spoken to a lot of ex-forces personnel who now work for the police and to a man, they consider the armed squads appalling in every way. Basically, there's a fair number of very gung ho people getting into them (and the police in general) and they are giving the police a very bad name.

        Another example is the copper who killed Ian Tomlinson. How he got found not guilty I'll never know. He even admitted in court that he shouldn't have pushed/hit him!! Then, his past comes out. A list of complaints and abuse as long as your arm and yet he's still in the police!! You couldn't make it up.

        Until someone starts getting the right people into the police and getting the wrong people out, this is going to continue. Unfortunately, there seems no interest in doing this and the various police federations/unions etc. all refuse to believe there is a single bad copper and will defend anyone.

        I've got no problem with the police making mistakes, provided someone is held to account and the action of the individual was reasonable given what they knew and the circumstances etc. We're all human and make mistakes, it's just that some are potentially more terminal. However, between the courts and the police/IPCC themselves, we seem completely unwilling to hold anyone to account. The guy who killed Ian Tomlinson was guilty as sin. The guy who killed the Brazillian was probably not given the briefing and circumstances, but the person running the operation (Cressida Dick) and the intelligence people were guilty of incompetence. The intelligence forces didn't even properly identify the guy!!

    2. Anonymous Coward
      Anonymous Coward

      "The Armed Cops in The UK are completely out of control, their MO being to kill first and don't answer any questions later"

      What world are you in? A quick google shows that the Humberside police alone typically deploy ARVs 150 times a year. Are there 150+ people gunned down in Humberside by police every year? No.

      Every time a policeman shoots a civilian it's front page news in this country. For days. Despite the fact that firearms units are deployed thousands of times a year.

      A quick wiki: "In the year 2007-08, there were 6,780 Authorised Firearms Officers, 21,181 police operations in which firearms were authorised throughout England and Wales and 7 incidents where conventional firearms were used."

      So firearms are used 0.03% of the time.

      UK police from 95-2010 shot dead a total of 33 people.

      Now the US figures appear to be suspiciously hard to find, but how about starting to look here: http://www.lvrj.com/news/deadly-force before you throw your ill-thought comments around, for comparison.

      Conclusion: You are talking utter, utter crap.

      1. CriticalMass

        You seem to be arguing that, since Humberside Police don't shoot down 150+ people annually, all is fine, but you don't seem to really understand the statistics you quote, particularly in response to what I actually said.

        The operative word was 'control' - do you think these guys are under anyone's effective control? I don't. They seem to be making up their own rules and are completely unaccountable. I didn't say they were getting their weapons out & arbitrarily shooting innocent people down regularly, though the number of cases when they do do that is rather frightening. A far better Google would be how often are the shootings they're involved in appropriate and perhaps more relevantly, how often are they called to account when they're not?. Never, seems to be the answer.

        By any clear eyed measure, we can say with confidence that Terrorists and criminals cannot hope to achieve their ultimate aims, so long as we decide to oppose them. They can have the odd success, but the only people who can seriously effect our democracy & freedoms, threadbare as they are in The UK and in the West Generally, are our own Governments and their agents. You may not fear this is what they're doing at the moment, but I do.

        When the pr*cks with the guns are not under effective control, are making up their own rules and are completely unaccountable, then you know you're in real trouble as a society. Recently, we saw UK armed Police on TV posing with their weapons, acting like children, delighted with the sheer excitement of it all. I don't trust them. Is it OK with you if someone you love is assassinated by these armed children and don't choose to answer for it? It's not OK with me.

  1. Anonymous Coward
    Anonymous Coward

    No recovery from this

    It doesn't matter what the High Court comes out with now, they have no way of backtracking on the fact that NZ is clearly the US' little bitch. Seriously what a joke. Whoever signed off on the tactics used in this raid is a total and utter f*cking c*nt. Western police forces around the planet need to seriously evaluate how they treat members of the public because, apart from serving them when they aren't trying to knock seven shades of shite out of them for taking a photo, they are completely and utterly outnumbered. They'd do well to remember that fact as the London riots showed them.

    1. asdf
      Mushroom

      Re: No recovery from this

      Its ok though because for some reason the USA seems to be Israel's bitch. So I guess NZ is Israel's bitch too.

      1. Chris Sake

        Ewe, not bitch.

        Doubt that NZ is a bitch to Israel. New Zealand was seen as a soft spot to obtain passports fraudulently, until Israel got caught. Bit of a fracas, really.

        http://www.guardian.co.uk/world/2004/jul/16/israel

        http://en.wikipedia.org/wiki/2004_Israel%E2%80%93New_Zealand_passport_scandal

    2. Anonymous Coward
      Anonymous Coward

      Re: No recovery from this

      They have evaluated and decided we are all potential terrorists and criminals and must all be treated with equal contempt.

  2. Anonymous Coward
    Anonymous Coward

    Copy some movies: Get raided by a commando team

    Blow up a civilian airplane: Get a nice vacation in the US

    http://en.wikipedia.org/wiki/Cubana_Flight_455

  3. karlp
    Devil

    Don't think they did anything special for him.

    This is just SOP for them.

    I have a few acquaintances which have been privy to the exact same treatment for charges even more mundane than those above.

    Whether it is excessive or not is besides the point, just wanting to make it clear that you could be Joe Schmo accused of a violation in not having proper paperwork to ship cardboard boxes internationally and would get very similar treatment.

    The only difference here is in how publicized the case has become, which may ultimately become its undoing.

  4. Blofeld's Cat
    Devil

    Lucky...

    It's lucky that news helicopter just happened to be flying over at the time.

    You almost might have thought somebody had tipped them off.

    1. SoaG

      Re: Lucky...

      You mean the police helicopter? The footage from which was subsequently released and, when broadcast, stamped with the TV station's logo?

  5. John A Blackley

    The raid was "a little over the top".

    Yeah, and Germany's invasion of Poland was "an excess of enthusiasm".

  6. Version 1.0 Silver badge
    Joke

    Nuttin beats mutton!

    I'm not surprised the sheep are nervous in NZ - that "raid" was a farce ... I wonder if the first cop to find dotcom looked him in the eye and asked, "...you've gotta ask yourself a question: "Do I feel lucky?"

    I can't wait for the movie to come out.

  7. Arfur Smiff
    Facepalm

    S.T.G raid

    Or the Stupid Tactics Group as we like to call them. This is what happens when your police force spends all it's time watching American cop shows. Took them 13 minutes to find him. In a house.

    1. Mark 65

      Re: S.T.G raid

      Aww, it's a big house and there was only about 25 of them looking. Well, make that 1 or 2 looking and the rest high-fiving.

    2. Psyx
      Thumb Down

      Re: S.T.G raid

      Dude: Look at the size of the frikkin house. Go look at the photos of the sprawling mansion. Now remember that the guy was hiding in a panic room.

      It would take me 15 minutes to find my car keys in a place that size, even if they weren't hiding in a cupboard.

      1. Mad Mike

        Re: S.T.G raid

        @Psyx.

        Yes, if you were wandering around slowly on your own. But, they had 15-20 minimum looking (supposedly) very hard. They also had plans of the house, including the location of the panic room. Wouldn't that be the first place you'd look?

        Anyway, their dynamic approach was so aimed at surprise that they landed a helicopter on the front drive!! That'll only be detectable from a fair distance and give more than enough time to destroy/hide anything required. Their entry was anything but dynamic as evidenced by the fact they didn't know where he was (a dynamic attack to render the occupants hardless should start with knowing where they are) and had had enough time to get to a panic room. If the SAS had attacked the Iranian embassy in this manner, everyone inside would have been slaughtered. They would have landed in helicopters on the road in front, before sauntering up to the doors and windows and blowing them out, before casually strolling inside to find a hail of gunfire and loads of dead hostages.

        Dynamic my a**e.

        1. Psyx

          Re: S.T.G raid

          To be fair: If you hear a chopper overhead at 6am, your first thoughts aren't "they're coming for me!", and you're not going to be staring out of the window to see it. And if the chopper landed before the vans got to the building then it *was* the fastest entry. Look at the place: The front drive might have been decidedly on the long side.

          How would *you* get in there faster, given a secure perimeter with modern security measures and an on-site security team, hypothetically?

          And no: It wouldn't be the first place I'd go to, because it's kinda contained: Once someone is in there with a locked door, they aren't a threat, and they aren't going anywhere. I'd also probably be more worried about the security staff and prioritise them. Plus; you don't just run through a mansion to get to a room: You work through it methodically to make sure nobody is running out of the door behind you or pointing a gun at your back. I imagine that quite of few of those police also wouldn't be entering, but would be outside, making sure that people didn't run off.

          The SAS had a lot higher budget. If NZ police put as much effort into every armed raid as the SAS did on the Iranian embassy, the taxes would be higher.

          I just don't think we should just blithely condemn an event that we were no part of, with limited information. Maybe it was a total clusterfuck (and I am entirely open to the idea that perhaps they were all "fuck yeah: Let's burst in with assault rifles from a chopper and kick some ass, man!!!" - don't mistake me playing devil's advocate for me thinking that they acted perfectly), but I don't think that any of us are in the position to judge that yet, nor condemn anyone's actions at this point.

          1. Mad Mike

            Re: S.T.G raid

            @Psyx.

            I agree that we need far more information and probably will never get it. The most damning piece of evidence is their failure to wear body armour. It simply isn't an issue these days. It doesn't get in the way to any meaningful extent and rapid entry (for drugs raids etc.) into very confined houses (rather than this rather more spacious one) is done regularly by the met, with full body armour.

            If they really needed to get in there quick, they would have infultrated the perimiter first and even with modern security measures, this isn't really an issue. There are many police units that specialise in exactly that. The helicopter would have been used with an IR camera to identify the location of the occupants and if they started moving etc. So, if everyone is sleeping upstairs and nobody starts moving, you're OK!!

            For information, when raiding a house, speed is everything. You do not go in slowly as this gives them time to ambush you. Specialist teams that do this all the time have known this for years and practice extensively for speed. Again, you only need to look at how long it took the SAS to get into and out of the Iranian embassy. Going slow will get you killed. Yes, some police would be outside establishing a perimiter, but there doesn't exactly seem to have been a shortage. And, if they'd used the helicopter appropriately instead of showboating with it, they would have known where everyone was, so a lot of issues go away. Finally, did they cut the power when entering? That's pretty standard as well. Those going in have night vision, leaving the defenders at a disadvantage when the lights suddenly go out. To my knowledge, they didn't cut the power, or the telephone etc. Again, at odds with their intended purpose in performing it the way they did.

            You would also be very surprised at how low the SAS budget is. The NZ police budget is without doubt much bigger. Until very recently (2000ish), the SAS were very low budget indeed. It has improved a lot now, but suggesting they have more money than a whole police force is well wide of the mark.

            1. Psyx

              Re: S.T.G raid

              "The most damning piece of evidence is their failure to wear body armour. It simply isn't an issue these days."

              It's incongruous, I agree. What was the temperature at that time? That's the only get-out clause that I consider viable.

              "If they really needed to get in there quick, they would have infultrated the perimiter first and even with modern security measures, this isn't really an issue."

              That's not getting in quick. Look at the size of the green spaces around the place. Why do that when you can just short-cut it all and land in the garden?

              Plus, by your method, it'd have taken 45 minutes to find him, given 30 minutes to crawl around in bushes with wirecutters and jog across the lawn.

              "The helicopter would have been used with an IR camera to identify the location of the occupants and if they started moving etc. So, if everyone is sleeping upstairs and nobody starts moving, you're OK!!"

              IR doesn't work like that on buildings of that size, yet. Despite what the movies say. You can't see through that kind of roof space and several floors, even with thermographs.

              "For information, when raiding a house, speed is everything."

              Speed and security. You never leave stuff at your back. The army SOP is to put a grenade into every room and a round or ten into everything that could hide someone: Police cannot do that. That slows things down a bit. So you either send in some guys to quickly clear the place, or do it slowly, or send in a front-team to quickly sweep and follow it with a better search. So that first team are going to miss stuff, obviously... like maybe the panic room. I'm not excusing it; just pointing out that the timeframe might not be indicative of them being totally inept.

              "Again, you only need to look at how long it took the SAS to get into and out of the Iranian embassy. Going slow will get you killed. "

              They swung in the windows and were dealing with a hostage situation, having shoot-to-kill orders. That's an apple and an orange there, chap.

              "Finally, did they cut the power when entering? That's pretty standard as well. Those going in have night vision, leaving the defenders at a disadvantage when the lights suddenly go out. "

              Did they even have NVGs? Do the team even have them? If not, then clearly their budget is a little lower than those of special forces. I've certainly never seen UK police with them; armed or not.

              "Secondly, the helicopters had been specially modified for low noise operation."

              Mate; That's entirely moot. You can still hear them half a mile away, and especially if they land in your back yard. And a chopper over Pakistan is going to alert armed militia a lot earlier than a chopper over sleepy NZ suburbs.

        2. Psyx
          Black Helicopters

          Re: S.T.G raid

          Post Script:

          "Anyway, their dynamic approach was so aimed at surprise that they landed a helicopter on the front drive!!"

          So did the SEAL team that took out Bin Laudin, remember? If people who do this kind of thing as a way of life think it's sometimes a valid way of launching a surprise attack, who are we armchair critics armed with only a partial view of the situation to disagree?

          1. Mad Mike

            Re: S.T.G raid

            @Psyx

            Somewhat different case. Firstly, the area around the Bin Laden compound was hostile ground. Secondly, the helicopters had been specially modified for low noise operation. Thirdly, there was only one way the operation was going to end. They weren't looking to arrest him and anybody in the way would have been (and was) killed. Totally and utterly different.

            P.S.

            They weren't a SEAL team. They used to be SEAL Team 6, but were removed from the SEALs and became DEVGRU. Totally different.

          2. Thorne
            Joke

            Re: S.T.G raid

            "So did the SEAL team that took out Bin Laudin, remember? If people who do this kind of thing as a way of life think it's sometimes a valid way of launching a surprise attack, who are we armchair critics armed with only a partial view of the situation to disagree?"

            If they had shot Kim and disposed of the body at sea, it could of posed a danger to shipping.

            1. Psyx
              Thumb Up

              Re: S.T.G raid

              Nah, the Japanese whaling fleet would have had it.

  8. asdf
    FAIL

    Obama blows Hollywood

    Even dumbass W Bush didn't use homeland security to go after copyright infringers. Obama is the media industry's gimp bitch.

  9. Bradley Hardleigh-Hadderchance
    Flame

    Sounds like a resounding success to me...

    Job jobbed.

    Fat bastard put in place. The Kiwis might have the All-Blacks, but at least they know who 'runs' their government now. And so do we...

    He will bounce back, I have no doubt. Would be hard not to.

  10. asdf
    FAIL

    >the news that the FBI illegally took evidence out of the country

    That is what would piss me off if I lived in NZ. F__king FBI has no business being overseas being a total whore to the corporations. Eric Holder is the black Alberto Gonzalez and a total ass hat. Obama would be a lot better off if he didn't surround himself with Chicago and Harvard buddies who are worthless (such as Larry Summers).

    1. asdf

      >the news that the FBI illegally took evidence out of the country

      What for once the FBI is taking something out of a foreign country instead of letting illegal things such as guns into one (Mexico).

  11. John Brown (no body) Silver badge
    Coat

    I wonder...

    ...if all those cops were running in line shouting "Hut! Hut! Hut!"

    Mines the one with the dark glasses in the pocket.

  12. Argus Tuft

    what surprised me

    was the number of stairs up to the 'red room'. Looking at DotCom i'd have expected an escalator...

  13. bruceld
    Thumb Up

    Suggestions...

    I think I've said this before elsewhere...but...

    He should have programmed an alternate-false U/P that would send out a command to remote wipe everything and trigger 0-1 overwrites. Give this U/P to all trusted admins and have the final instruction on the code to wipe out all other U/P's and to self-destruct the code.

    Also, the servers should have an internal emergency "low power" backup energy source that allows the system enough power to remote wipe itself in case the feds decide to power off the servers to preserve the content.

    Naturally everything would be mirrored in different world locations.

    Tsk tsk.

    1. Thorne

      Re: Suggestions...

      Easier to have the data stored on encrypted hard drives. The moment it's powered off, it can't be accessed until the password is reentered. Standard OP is to take all the hardware for forensics. As soon as they power up, the drive is unreadable.

      I'd also boobytrap the OS to reboot if it detected any funny business

    2. Chris Sake
      Black Helicopters

      Re: Suggestions...

      In the video, Dotcom claimed in court that he could not delete anything on the servers even if he wanted to as the FBI had already disconnected them BEFORE the raid.

      1. Psyx
        FAIL

        Re: Suggestions...

        So? You think that all of his sensitive files were on SERVERS?

        Or do you think he'd maybe have a bunch of stuff on PCs and laptops in his house?

        1. Mad Mike

          Re: Suggestions...

          @Psyx.

          Well, if their 'approach' was designed to render it impossible for him to destroy this data, they clearly failed, as it took them at least 15 minutes to find him!! So, if the idea was right (lets stretch the imagination a little here), the police and FBI were utterly incompetent at carrying it out and they failed miserably.

          All this was simply staged for the cameras, hence them handing the police helicopter footage over to a local news channel. It was a load of wi**y waving of epic proportions. You dare to do anything and this is what will happen......

          1. Psyx
            Pint

            Re: Suggestions...

            "Well, if their 'approach' was designed to render it impossible for him to destroy this data, they clearly failed, as it took them at least 15 minutes to find him!!"

            Maybe they located his laptops in the first minute, and clearly succeeded, though...

            We don't have enough information to really know. As for incompetent... they secured evidence, nobody got shot, nobody got away. Ultimately the results were exactly what they wanted them to be, so that might be a harsh judgement. *shrug*

            Now if the information was deleted, people caught bullets and fat-boy got away.... *that* would be truly incompetent!

            1. Mad Mike

              Re: Suggestions...

              The issue is not whether the raid worked, but whether the magnitude and methodology of the raid was appropriate. You could argue that a SAS team arresting a shoplifter worked, but most people would consider it a bit over the top.

        2. Thorne

          Re: Suggestions...

          "So? You think that all of his sensitive files were on SERVERS?

          Or do you think he'd maybe have a bunch of stuff on PCs and laptops in his house?"

          And all the data was encrypted anyway so the whole raid was a waste of time.

  14. Anonymous Coward
    Anonymous Coward

    The best law enforcement Big Media lobbyists can buy

    Napster

    Audiogalaxy Satellite

    Winny

    Kazaa

    Piratebay

    Megaupload

    Demonoid

    1. The BigYin

      Re: The best law enforcement Big Media lobbyists can buy

      And seeing as they have the Demonoid account data - better be ready for that knock at your door. Err, I mean having your door kicked in.

  15. Anonymous Coward
    Anonymous Coward

    Hameric-uh!

    Do you need justice? Real, Gawd fearin' jee-us-tice?

    Then call "Hameic-uh Express" and we will deliver our justice right to your door!

    Foreign soil? NO PROBLEM!

    Due process? NO PROBLEM!

    Human rights? NO PROBLEM!

    International war crime? NO PROBLEM!

    Didn't even ask us? NO PROBLEM! We'll do it anyway.

    Hameric-uh Express - Over 200 years of defending freedom with gun in your face and our heel on your neck.

    1. Mad Mike

      Re: Hameric-uh!

      Rather surprised the police didn't 'find him' swinging from a tree in the back yard. Crowd of cheering rednecks around him.

      1. Thorne

        Re: Hameric-uh!

        "Rather surprised the police didn't 'find him' swinging from a tree in the back yard. Crowd of cheering rednecks around him."

        Don't you mean cheering corporate suits?

  16. Alan Brown Silver badge

    CCTV

    It's more than likely the reason the crown doesn't want the CCTV published is that it's likely to cover the panic room - remember the police have denied abusing Dotcom under oath and film showing otherwise would put them up on perjury charges.

    NZ police have a long and sordid history of violence and abuse, up to and including gang rape in the cells, as well as a proven tendency to manufacture evidence to suit themselves (Arthur Allen Thomas, David Bain) in high profile cases. Part of the reason NZ politicians ditched the Privy Council as the ultimate appeal court was it kept overturning NZ court decisions with strongly worded statements about both police and prosecution behaviour.

    There's been another high profile case collapse recently ("Urawera terrorists") in which the police made complete and utter fools of themselves and then tried to prevent evidence coming out. Local media have made more than a few Keystone Kops analogies in the DotCom case and I doubt they'll stop.

    What surprises me given the USA puppeteering is that noone's brought up various similarities to plot elements in "sleeping dogs"

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