File-sharers' bail
January 26, 2012
German citizen Finn Batato, 38, and Dutchman Bram van der Kolk, 29, were released on bail Thursday after their arrest at a rented Auckland mansion last week.
All four suspects still face extradition hearings to the United States. The FBI accuses them of racketeering, money laundering, and infringing music, film and book copyrights to the extent of 500 million US dollars.
Judge David McNaughton wrote in a decision that Megaupload's head programmer, van der Kolk, did not present the same flight risk as Kim Dotcom, 38, whose bail was denied on Wednesday. Dotcom, a dual German-Finnish national, founded the website.
"There is no issue in Mr. van der Kolk's case of multiple identity or multiple passports, no connection to any firearms and ... [no evidence] of access to any other funds," he wrote in the decision.
Of the German, Finn Batato, McNaughton wrote that he was "a man of good character" who was unlikely to flee New Zealand. Both of the men released were only done so under strict provisions such as electronic monitoring, the judge wrote.
For the bail of the fourth defendant, Mathias Ortmann, 40, also of Germany, McNaughton reserved the decision until Friday.
A fifth suspect, Andrus Nomm had been arrested in the Netherlands by Dutch police, while a sixth, Sven Echternach, had reportedly been located in Germany, according to the Associated Press newswire agency.
Based on McNaughton's bail denial on Wednesday, Dotcom will remain in custody until February 22, awaiting the US extradition hearing, which under New Zealand's agreement with the US, must take place within 45 days of the arrest. Dotcom's lawyers are appealing the bail decision.
Author: Stuart Tiffen (AFP, dpa, AP)
Editor: Nancy Isenson