According to a statement released today by the Music Industry Piracy Investigation (MIPI), the body investigating the alleged copyright charges, Sharman was ordered by the Federal Court on the March 23 to hand over documents that had been previously available to a US court in a similar case.
General manager of MIPI, Michael Speck, claims the lack of compliance by Sharman in producing the documents is likely a "stalling tactic", which he says refutes the company's past arguments against the court ordered raids of the company's premises.
On the authority of an Anton Piller order, material was seized from Sharman premises and several of its associated companies including Brilliant Digital Entertainment (BDE), on the February 6 this year.
"Sharman's main argument against the Anton Piller order is that they would have handed over the evidence voluntarily, but now they're not complying," said Speck.
MIPI says that Sharman's offer of the documents was a "crucial part" of its attack on the civil search warrant, yet Speck claims the company's non-compliance is not surprising.
"It is clearly part of the Kazaa strategy to avoid ever having to face the music," said Speck.
However, Speck also notes that the material in question is unlikely to hold any information that would exonerate Kazaa in the Australian case, yet he says the company's behaviour is fuelling suspicions.
"If they are free of responsibility here, handing over the documents would be their best chance to put this issue to rest, but they're consistently making sure that no evidence against them surfaces," said Speck.