Judge Harvey steps aside

There's been a rather large bombshell in the Kim Dotcom case this afternoon; the Herald reports:

The judge overseeing the Kim Dotcom extradition case has stepped down after making comments suggesting the United States was the "enemy".

Judge David Harvey surrendered his role in the case after making comments during a copyright discussion at an internet conference.

An internet law expert, Judge Harvey had been considered the perfect choice to hear arguments on whether Dotcom and his Megaupload colleagues should be extradited by the United States to face charges of criminal copyright violation.

The district court's chief judge Jan-Marie Doogue said Judge Harvey had made the decision to step down from hearing the case.

"He recognises that remarks made in the context of a paper he delivered on copyright law at a recent internet conference could reflect on his impartiality and that the appropriate response is for him to step down from the case."

Judge Harvey made the comments at NetHui during a conference discussion on copyright and trade talks with the US.

Judge Harvey had no option but to stand aside from the Dotcom case once his comments were reproted in the public domain. But one has to wonder at his judgment for even making the comments in a public forum in the first place; it beggars belief.

We suggest that there will be some considerable comment from the legal fraternity in the wake of Judge Harvey's decision to recuse himself from the Dotcom case. We'll be keeping a watching brief.