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

 

Also, Loan Interest: Productivity Commission On Tertiary Education

Key recommendations include better quality control; making it easier for students to transfer between courses; abolishing University Entrance; enabling tertiary institutions to own and control their assets; making it easier for new providers to enter the system; and facilitating more and faster innovation by tertiary education providers... More>>

ALSO:

Higher Payments: Wellington Regional Council Becomes A Living Wage Employer

Councillor Sue Kedgley said she was delighted that the Wellington Regional Council unanimously adopted her motion to become a Living Wage employer, making it the first regional council in New Zealand to do so. More>>

ALSO:

Scoop Images:
Dame Patsy Reddy Sworn In As Governor-General

This morning Dame Patsy Reddy was sworn in as the New Zealand Realm’s 21st Governor-General. The ceremony began with a pōwhiri to welcome Dame Patsy and her husband Sir David Gascoigne to Parliament. More>>

ALSO:

Ruataniwha: DOC, Hawke's Bay Council Developer Take Supreme Court Appeal

The Department of Conservation and Hawke's Bay Regional Investment Company (HBRIC) are appealing to the Supreme Court over a conservation land swap which the Court of Appeal halted. More>>

ALSO:

With NZ's Marama Davidson: Women’s Flotilla Leaves Sicily – Heading For Gaza

Women representing 13 countries spanning five continents began their journey yesterday on Zaytouna-Oliva to the shores of Gaza, which has been under blockade since 2007. On board are a Nobel Peace Laureate, three parliamentarians, a decorated US diplomat, journalists, an Olympic athlete, and a physician. A list of the women with their background can be found here. More>>

Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>

ALSO:

Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news