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Outcome of police investigation into GCSB intercepts

Outcome of police investigation into GCSB intercepts

Thursday, 29 August 2013 - 4:26pm

National News

Police has determined that no criminal charges will be laid against any person regarding the allegation that GCSB unlawfully intercepted the communications of Mr Kim Dotcom.

The investigation arose from a complaint to police in October 2012 by Dr Russel Norman MP alleging illegality of the interceptions.

This followed a letter from the Inspector-General of Intelligence and Security to the Prime Minister dated 27th September 2012 in which he concluded the actions of GCSB in relation to Mr Dotcom and Mr Bram van der Kolk were not lawful.

Detective Superintendent Peter Read says the complaint was considered against Sections 216B, 216C and 107 of the Crimes Act 1961:

"A thorough investigation was undertaken which included interviews with staff from both GCSB and the Organised Financial Crime Agency New Zealand (OFCANZ), plus consideration of all relevant documentation," said Mr Read.

"The investigation has itself been reviewed by senior barrister Kristy McDonald QC to provide a further level of independent oversight.

"It was established that only one communication relating to Mr Dotcom had been intercepted in breach of the provisions of section 216B.

"While GCSB staff did commit the act prohibited by section 216B of the Crimes Act 1961, they did not have the necessary intent to satisfy the elements of the offence and be considered criminally liable.

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"No prosecution could be brought under Section 216C because no disclosures of communications could be established in breach of this section.

"While there is no criminal liability, police have identified a number of shortcomings in the handling of the interception requests.

"The investigation concluded that OFCANZ had more accurate and detailed information that should have been provided to the GCSB.

"It is also apparent that GCSB had an incorrect understanding of the Immigration Act 2009 and how it related to the GCSB Act. GCSB staff also did not follow their own internal processes in actioning the OFCANZ requests.

"Police will now consider a number of recommendations made by the investigation team to improve processes between police and the GCSB," said Mr Read.


Editors please note that the ongoing court processes in relation to Mr Dotcom and the classified nature of much of the investigation means that Detective Superintendent Read is unable to be interviewed in relation to this statement.

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