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No Action Over Illegal GCSB Spying – Police Letters
No Action Over Illegal GCSB Spying – Police Letters
Police have announced the outcome of the investigation into a complaint by Dr Russel Norman MP over interceptions by GCSB in relation to Mr Kim Dotcom and others.
They will take no further action on this matter or the spying by the GCSB on 85 New Zealand citizen revealed by the Kitteridge report.
[See the police statement Outcome of police investigation into GCSB intercepts]
Dr Norman has released the letters he recieved from Police on the outcome. [Update: Bram van der Kolk has published a similarly-worded letter from police on Twitter]
In the first case police reported that although the GCSB were in breach of the law they were unable to find the necessary criminal intent.
As regarding the 85 other cases further investigation was "not warranted."
The letters are linked below. The text is a result of an automated scan and will contain errors. Please refer to the original PDF files.
letter_from_police_re_kim_dotcom_complaint.pdf
Dear Dr Norman
GOVERNMENT COMMUNICATIONS SECURITY BUREAU (GCSB) COMPLAINT PURSUANT TO s216B, CRIMES ACT 1961
This letter is to advise you of the outcome of the Police Investigation into your complaint that the GCSB illegally intercepted the private communications of Mr Kim Dotcom and Mr Bram Van der Kolk.
At the direction of the Commissioner in early October 2012 a team of senior investigators initiated a criminal investigation into your complaint.
Interviews of key personnel from Police, in particular Organised Financial Crime Agency New Zealand (OFCANZ), the GCSB, Immigration New Zealand and Crown Law amongst others formed part of this inquiry.
In addition to interviews the investigation team reviewed a significant amount of documentary evidence held by OFCANZ, the GCSB, and Immigration New Zealand, much of which was classified material.
Due to the requirements of investigating this matter in a highly classified environment many of the inquiries that needed to be conducted were protracted as a result. Additionally, during the course of the inquiry, you will be aware a number of other separate (non-police) but related inquiries ran parallel.
Although the inquiry focussed on issues specifically related to the offence against section 216B of the Crimes Act 1961, it also considered offences in the wider context including section 216C and 107 of the Crimes Act 1961, with reference to the GCSB Act 2003.
lt was established that one communication relating to Mr Dotcom had been intercepted in breach of the provisions of section 216B_ Subject to the issue of criminal intent, the elements of an offence in respect to section 216B of the Crimes Act 1961 were established in relation to the actions of the GCSB. As for the issue of criminal intent, it cannot be established that any GCSB staff had the necessary criminal intent to illegally intercept private communications in this case and GCSB staff cannot be criminally liable.
With regard to section 216C of the Crimes Act 1961 no offence was identified.
Although section 107 of the Crimes Act 1961 was considered, the investigation found there was no criminal liability on the part of any GCSB staff on the basis that the necessary intent could not be established.
At the conclusion of this investigation Police obtained an independent legal review of their findings from senior Barrister Kristy McDonald QC. That review supported Police findings.
From a criminal investigation perspective this inquiry has now concluded. If you have any questions please contact the Officer in Charge of the investigation, Detective Superintendent Peter Read.
Yours sincerely
Mike Rusbatch
ASSISTANT
COMMISSIONER: OPERATIONS
letter_from_police_re_extension_of_gcsb_complaint.pdf
Dear
Dr Norman
GOVERNMENT COMMUNICATIONS SECURITY BUREAU (GCSB) COMPLAINT PURSUANT TO s216B, CRIMES ACT 1961: KITTERIDGE REPORT - 85 OTHER CASES REFERENCED
On 9 April 2013 you wrote to the Commissioner of Police requesting Police look into the additional 85 alleged breaches by the GCSB into illegal interceptions of private communications. The alleged breaches were noted by Ms Rebecca Kitteridge as part of her findings into the review of the GCSB.
The Commissioner responded to your request indicating that the inspector General: Intelligence and Security (IGIS) had been directed to investigate the matters raised in the ‘Kitteridge report’ and he intended waiting for the outcome of that inquiry before taking any action.
l write to advise you that the IGIS has reported on this matter and Police have reviewed those findings.
Today you have also received correspondence from Police advising the outcome of the Police investigation into allegations pertaining to Mr Dotcom and Mr van der Kolk. Taking the findings of the inspector General: Intelligence and Security as referred to above, and the findings of the Police investigation, I am satisfied that a further Police investigation into these additional allegations is not warranted.
If you have any questions please contact the Officer in Charge of the investigation, Detective Superintendent Peter Read.
Yours
sincerely
Mike Rusbatch
ASSISTANT COMMISSIONER:
OPERATIONS
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