Charges of espionage

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‘‘The actual charges – espionage, attempted espionage – you only hear about those things in American militarymovies.’’

Wellington barrister Christopher Griggs, who has two decades of experience working in military law, said this appeared to be the first time someone had been charged with espionage since the Crimes Act was enacted in 1961.

‘‘When I look through all of the New Zealand case law to the year dot, I can’t find any example of an espionage case in New Zealand ... So that is a big deal.’’

He said the trial of public servant Dr William Sutch, who was accused of giving classified information to a Russian KGB operative in 1974, was the only case that appeared to be similar in New Zealand’s history.

Sutch was later found not guilty on a charge of breaching the Official Secrets Act.

Griggs said it was uncertain whether the soldier would eventually face the charges in a criminal court, as this depended on the information allegedly obtained by the soldier.

Initially, in January, the soldier was charged with accessing a computer system for a dishonest purpose and the unauthorised disclosure of information – charges which Griggs also said were unprecedented.

A Defence Force spokeswoman confirmed it was the first occasion a soldier had been charged with espionage ‘‘in modern times’’.

A spokeswoman for Defence Minister Peeni Henare said the minister would not comment on the matter, as it was before the courts.

Under the Crimes Act, a person can be charged with espionage for communicating or intending to communicate an object or information to a country or organisation outside New Zealand.

The information can include records, documents, sketches, photographs or sound recordings.