Mona, an elusive Rolls Royce Phantom, $40m earnings while on bail — Dotcom's evidence

Accused 'internet pirate' Kim Dotcom was cross-examined last week by the Crown in a bail hearing which continues today. 

The Crown says Mr Dotcom breached his bail by indirectly associating with Julius Bencko, which was against earlier bail conditions imposed in 2012. Crown lawyers also raised many points they say indicate Mr Dotcom is a flight risk. 

Judge Nevin Dawson is presiding over the hearing, which is expected to finish this morning in the Auckland District Court. 

Much of the Crown’s case was based on two declarations made by FBI Special Agent Rodney Hays who did not appear in court. Much evidence appeared to come from online conversations reviewed by the FBI. Mr Dotcom's lawyer Ron Mansfield has already contested the value of this evidence, labelling it  "edited" as he told the court his legal team were not allowed to review the conversations in their entirely. 

The Internet Party founder was questioned by Crown lawyer Mike Ruffin on financial details, his wife Mona, a phantom Rolls Royce and his multiple identities. 

The entrepreneur said he had raised $40 million from several companies including Mega and Baboom since he had been on bail. Most of this, he said, came from shares in Mega.

The German entrepreneur was also quizzed at length about a Rolls Royce Phantom, which had been housed in London.

Mr Dotcom told the court the car was not caught by restraining assets but his former law firm Simpson Grierson wrote a letter informing police where the car was.

“Once they were aware there is a possible restraint on the car they stopped dealing with the car. Everyone is trying to do the right thing," he told the court.

Mrs Dotcom's efforts
The actions of Mr Dotcom's estranged wife were also entered into evidence, although Mr Dotcom pointed out the Crown should be asking her instead of him. 

The Crown presented conversations which it says suggested Mrs Dotcom had tried to get money to give to her husband back in 2012. 

Mr Dotcom denied having to raise a loan himself but said his wife had reached out to many people for loans. 

"I know that Mona being seven months pregnant [then] and not having a penny, not having a car to go to the hospital if she has contractions, she went through all kinds of efforts to raise money. 

What's in a name? 
The Crown raised evidence it says may suggest Mr Dotcom is a flight risk as he has many identities. 

He was asked why, when charged with speeding, Mr Dotcom did not correct the court process which charged him under his German name Schmitz instead of Dotcom. Mr Dotcom said he thought it would be confusing.

"I'm putting it to you that you weren't being honest," Mr Ruffin said. 

"I was being honest because it was a legitimate name with the legitimate driving licence. I have the German name Kim Schmitz and I can deal in that name. I didn't have another driving licence then," Mr Dotcom responded.  

Although not questioned specifically on how it happened, Mr Dotcom took time during his cross examination to reveal how he got his name. He had already changed his name to Kim Vestor to mirror one of his companies. 

Due to legal constaints, Mr Dotcom said, he could not change his name to Dotcom. Instead, his now estranged wife Mona had to become adopted by a man with that name. When Kim and Mona married, he was able to legally take her name. 

"I simply thought Dotcom was the cooler name," he told the court. 

vyoung@nbr.co.nz

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