Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Police justified not prosecuting GCSB on Dotcom interception

Police justified in not prosecuting GCSB following Dotcom communications interception

17 July 2014 - An Independent Police Conduct Authority report released today on the Police investigation of the interception of private communications by officers of the Government Communications Security Bureau (GCSB) has found that the Police decision not to prosecute was justified.

In September 2012, following revelations that the GCSB had unlawfully intercepted private communications, Dr Russel Norman asked the Police to investigate whether any GCSB officers had committed a criminal offence, and specifically whether they had breached section 216B of the Crimes Act 1961. Seven months later, Dr Norman wrote to the Commissioner of Police asking that his complaint be widened to cover all cases in the past decade where the GCSB might have ‘unlawfully spied’ on people.

On 19 September 2013, Dr Norman subsequently complained to the Authority alleging neglect of duty by Police in relation to their investigation and the findings arising from it.

In releasing today’s report Independent Police Conduct Authority Chair, Judge Sir David Carruthers said the Authority’s investigation had canvassed three matters of concern raised by Dr Norman. These were: the Police reliance on an absence of criminal intent to reach a decision; the appointment of Kristy McDonald QC by the Police to oversee their investigation; and the Police failure to investigate an additional 56, potentially unlawful, interceptions by the GCSB that had been identified in the report to the Prime Minister by the former Secretary to the Cabinet Rebecca Kitteridge.

In relation to the first matter, the Authority found that Police were justified in relying upon an absence of criminal intent to reach their decision not to prosecute.

“The Police decision not to prosecute was based squarely on an opinion provided by the Solicitor-General. Police were quite entitled to rely upon this advice, and indeed, having received the opinion it would have been surprising if they had proceeded on any other basis,” Sir David said.

In relation to the second matter, the Authority found the engagement of Kristy McDonald, QC did not create any conflict of interest and was justified.

In relation to the third matter, the Authority noted that the additional 56 potentially unlawful interceptions by the GCSB that were identified in the Kitteridge Report all related to metadata rather than the content of communications. It found that, since the law was unclear as to whether interceptions of metadata were unlawful, the decision by the Police not to investigate these additional interceptions was also justified.

Sir David said that the Authority had full access to all relevant information. However, its investigation had been of limited scope.

“It is not the role of the Authority to investigate the activities of the GCSB, nor is it our role to determine the accuracy of the legal advice provided to the Police by the Solicitor-General”, he said. “We are solely concerned with examining whether there has been any misconduct or neglect of duty by the Police”.

Full report: 17_July_2014_IPCA_Public_Report__Police_Investigation_of_Unlawful_Interceptions_of_Private_Communications_by_GCSB.pdf

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Gordon Campbell: On What John Key Should Be Asking Joe Biden

No doubt, US Vice-President Joe Biden will be updating Prime Minister John Key on the chances of a TPP vote taking place in the ‘ lame duck’ session of Congress that’s held between the November’s election and the inauguration of a new President in January. More>>

ALSO:

Make NZ Make Again: Greens Will Establish A Minister For Manufacturing

The Green Party announced today that it will establish a Minister for Manufacturing in Cabinet, to better represent the interests of manufacturers and ensure they thrive. The Minister will be inside Cabinet and have responsibility for the long-term interests of the manufacturing sector. More>>

ALSO:

Cannabis Party: Treasury Figures On Cost Of Criminalisation

Figures released by Treasury prove the economic viability of The Cannabis Party's policy, while destroying the credibility of police claims about cannabis harms. More>>

ALSO:

Green Party: Investigation Into Mental Health Facilities Shows Disarray

The Health Minister must urgently launch an inquiry into mental health services, after serious issues with the standard of care at mental health and disability facilities around the country were revealed today, the Green Party said. More>>

ALSO:

Apparently He Means 'Years 0-8': Seymour Announces 4th Partnership Schools Application Round

“The continuing growth of this policy reflects the achievement of the eight existing Partnership Schools, and the strong levels of interest educators and community leaders are showing in the Partnership Schools model and what it offers students and their families,” Mr Seymour says. More>>

ALSO:

Trust Directors: Urban Māori Win Case Against Te Ohu Kai Moana

The National Urban Māori Authority (NUMA) and Te Waipareira Trust have succeeded in their claim over a $20 million trust set up for the benefit of urban Māori, meaning all directors of the trust must represent Māori who are not affiliated with an iwi. More>>

New Model: Carbon Tax Could Lower Emissions And Boost Economy

A carbon tax targeting emissions-intensive industries, along with a revamped Emissions Trading Scheme (ETS), could boost economic growth, with the extra tax generated used to cut GST from 15 percent to 12.5 percent. More>>

ALSO:

Budget Docs Release: ACC Sought $158mn In Budget 2016, Got $26.4mn

The Accident Compensation Commission requested an extra $158 million in funding for 2016/17 from the government ahead of Budget 2016, but Treasury instead recommended an interim payment of just $26.4 million be funded to tackle demographic changes, papers published by the government show. More>>

ALSO:

Submissions Sought: Māori Party Joins Opposition Housing Inquiry

People who are homeless, those who were once homeless, those working with the homeless and concerned New Zealanders are being asked to share their experiences and solutions to this growing issue with the Cross-Party Homelessness Inquiry. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news