GCSB spied on Dotcom for longer, say police
Court reveals surveillance carried on two months after mogul’s arrest
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.”