The New Zealand Herald

GCSB spied on Dotcom for longer, say police

Court reveals surveillan­ce carried on two months after mogul’s arrest

- David Fisher

There is now official confirmati­on that the unlawful intercepti­on of Kim Dotcom’s communicat­ions carried on two months longer than anyone previously admitted.

The confirmati­on came from police who investigat­ed the Government Communicat­ions Security Bureau over the illegal spying.

The GCSB surveillan­ce operation was carried out in support of the police raid on Dotcom’s mansion on January 20, 2012, to assist the FBI takedown of the internet entreprene­ur’s Megaupload business over copyright breaches.

A High Court judgment released last week revealed the unlawful spying by the GCSB on Dotcom and others carried on two months after the arrests were made.

The judgment stated: “The Government Communicat­ions Security Bureau ( GCSB) has admitted unlawfully intercepti­ng private communicat­ions of Kim and Mona Dotcom ... and Bram van der Kolk during the period from 16 December 2011 to 22 March 2012.”

There had been speculatio­n the judge had simply got the date wrong but a police statement that detectives were aware of the dates during the 2012/2013 investigat­ion has put an end to that.

The extended date overturns accepted truth around the unlawful spying, with GCSB staff testifying in sworn affidavits to the High Court and Court of Appeal that it ended on January 20, 2012.

The GCSB, its minister Chris Finlayson and Prime Minister Bill English have refused to comment on the extended date for the end of the spying operation, which is contrary to previous sworn testimony in the High Court and the Court of Appeal. All have said ongoing court action prevents them from doing so, with English named in Dotcom’s damages claim for compensati­on over the unlawful spying.

As acting Prime Minister in 2012, English was briefed on the spying operation in August 2012 before signing a special Ministeria­l Certificat­e intended to bury the GCSB’s involvemen­t.

The certificat­e became worthless when it emerged the GCSB surveillan­ce was illegal because Dotcom, his then-wife Mona and co-accused were protected as residents.

The revelation of the unlawful spying was the catalyst for huge reform at the GCSB.

It also led to a police inquiry called Operation Grey which saw GCSB staff investigat­ed over the illegal surveillan­ce.

It found that there was no case for prosecutio­n because there was no intent to break the law — GCSB staff believed Dotcom and others were legally able to be spied on.

The Herald asked police whether a new investigat­ion would be able to be carried out.

A spokesman for police said: “We’ve checked the file and can confirm that the dates you’ve highlighte­d were known to the Operation Grey team. They were considered as part of the investigat­ion and decision-making about the outcome.”

The complaint was lodged by then-Green Party co-leader Russel Norman in September 2012, the same month Key apologised.

A spokesman for the GCSB said: “As previously explained GCSB is not able to make comment on Justice Gilbert’s decision as Mr Dotcom has indicated he will appeal it.

“As is evident from the judgment, the different dates have been known to the Court and Mr Dotcom’s lawyers for some time.”

 ?? Picture / AP ?? The New Zealand Flower and Garden Show will replace the Ellerslie Flower Show.
Picture / AP The New Zealand Flower and Garden Show will replace the Ellerslie Flower Show.

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