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'Flight of fancy' over Dotcom fears - lawyer

By Rebecca Watson

Published: 5:34AM Friday February 03, 2012 Source: ONE News

The lawyer for accused internet pirate Kim Dotcom says claims his client would have tried to flee the country if granted bail are a "flight of fancy".

Dotcom tonight had his appeal for bail turned down in the Auckland High Court.

His lawyer Paul Davison QC said outside the court that Dotcom was "very disappointed" by the decision.

"He has made a home for himself and his family here in New Zealand," said Davison.

"He has absolutely no intention of doing other than remaining here and fighting extradition and the suggestion that he is a risk and that he would take some extraordinary steps to leave New Zealand is a flight of fancy and has no evidential basis so far as my client is concerned."

Watch the reaction from Kim Dotcom's lawyer here

Judge David McNaughton last week denied Dotcom bail, saying the risk of him fleeing the country was too great.

Dotcom's lawyers launched an immediate appeal against the decision, but Justice Raynor Asher from the High Court rejected it, saying he agreed with the earlier District Court decision

Davison said he was considering what further action to take.

"He can make a further application for bail if there are new circumstances or he could appeal this decision. So we'll be considering his options," he said.

Dotcom told the court today he did not have access to any funds that would allow him to flee the country.

"I want to be absolutely clear about this, there are no funds left anywhere, everything has been seized," he said.

"I will not run away. I want to fight these allegations on a level playing field. I have three little children. My wife is pregnant with twins. I just want to be with them."

Asked if he had and criminal connections, Dotcom replied: "In the last two weeks I have made a lot of criminal connections. But beyond that I have no criminal connections."

The Megaupload founder will now remain behind bars until February 22, when US authorities are expected to file extradition papers.

Unwanted attention

In court today, Dotcom, 38, said he has received a lot of unwanted advances while being kept behind bars on copyright and money laundering charges.

US lawyers claim a person with a background in fraudulent travel documentation tried to visit Dotcom while he has been in custody.

"I've got a lot of funny visits," Dotcom told the court.

"Letters, phone calls from people I've never seen, never heard of. If people would approach me and offer me such a service, I would tell them to 'go to hell'," he said.

Dotcom said he got a call from a man claiming to be a prosecutor who said if Dotcom paid him something, he would be able to get a "positive decision" at his bail hearing.

"I immediately said 'absolutely not' and I gave the number to the officer."

FBI investigation

The 38-year-old German national and New Zealand resident was arrested at his Coatesville mansion last month following an FBI investigation.

US Federal prosecutors say he has cost copyright holders more than $620 million in revenue lost through pirated material.

Dotcom said in court today the number of legitimate files on the site far outweighed any infringement.

"We are hosting 12 billion unique files for 100 million users," he said.

"If you take all movies, music files together that have ever been made, and even you have ten instances per movie, per music file, you will never have more than 100 million files."

Assault claim

He also claimed that he was punched in the face by police when he was arrested at his Coatesville property.

Two of his co-accused, Bram van der Kolk and Finn Batato, were granted bail, while the other co-accused, Mathias Ortmann, had his bail hearing postponed.

All associates face extradition to the US for their alleged role in Megaupload.

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