NRT: Laws are for little people – again
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- Date published:
4:53 pm, August 29th, 2013 - 22 comments
Categories: crime, law, police -
Tags: GCSB, no right turn
No Right Turn looks at the police decision on the unlawful GCSB interceptions of DotCom’s communications. Of course getting the police to investigate their own requests for the GCSB to perform an unlawful activity is like putting a stoat in charge of kiwi chicks. Perhaps a private prosecution of the GCSB and the police would be more productive.
The police have announced that they will be taking no action against the GCSB over the latter’s unlawful interception of Kim Dotcom’s communications. Sadly, I’m not surprised. But I am surprised by their “reasoning”. Here’s their excuse:
[Emphasis added]Subject to the issue of criminal intent, the elements of an offence in respect to section 216B of the Crimes Act 1961 were established in relation to the actions of the GCSB. As for the issue of criminal intent, it cannot be established that any GCSB staff had the necessary criminal intent to illegally intercept private communications in this case and GCSB staff cannot be criminally liable.
This is simply bullshit. Section 216B makes it an offence to intentionally intercept a private communication by means of an interception device. The police have admitted that the other elements were established – that the communication was private, and an interception device was used. But for intent, they are basicly claiming that the GCSB did not mean to intercept those communications. The extensive paper trail [PDF] already revealed by the police in this case shows that to be a lie. The police asked GCSB to spy on Dotcom, and the GCSB agreed. That’s your intent right there.
(See also Graeme Edgeler’s original legal analysis here, which makes it clear that the relevant intent is intent to intercept a private communication, not “intent to break the law”)
Once again the police show they will not hold the powerful to account. Which means that the only means of doing so is for Kim Dotcom to bring a private prosecution against the GCSB staff who invaded his privacy.
Meanwhile, the police’s other letter to Russel Norman regarding the GCSB’s other 85 cases makes it clear that they do not regarded metadata as a “private communication”. Which pretty much blows all John Key’s claims that his spy law protected us from spying out of the water.
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- Greens stand in solidarity with Whakaata Māori on sad day
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- Sanctions regime to create more hardship for families
Yesterday the Government passed cruel legislation through first reading to establish a new beneficiary sanction regime that will ultimately mean more households cannot afford the basic essentials. ...1 week ago
- Govt gifts renters housing anxiety for Christmas
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- Release: National Party urged to support modern slavery legislation
Labour is urging the Prime Minister to walk the talk and support legislation combating modern slavery. ...2 weeks ago
- Release: Labour has lost confidence in the Speaker
The Speaker of the New Zealand Parliament made an unprecedented decision on the government amendment to the Fast Track Approvals Bill last night. ...2 weeks ago
- One year on, still no progress on new ferries
Today’s announcement from the Government on its plan for new ferries throws more uncertainty on the future of the country’s rail network. ...2 weeks ago
- Release: Nicola Willis’ smaller ferries will cost more
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- Bill to sanction unlawful occupation of Palestine
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- Release: Labour fully supports greyhound racing ban
The Government has done the right thing in moving to ban greyhound racing. ...2 weeks ago
- Greyhound racing industry ban marks new era for animal welfare
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- Rangatahi voices must be centred in Government’s Relationship and Sexuality Education refresh
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- Govt introduces archaic anti-worker legislation
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- Winston Peters – Kinleith Mill Speech
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- Internationally-trained doctors jump at chance to boost health workforce
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Prime Minister Christopher Luxon has appointed Sarah Ottrey to the APEC Business Advisory Council (ABAC). “At my first APEC Summit in Lima, I experienced firsthand the role that ABAC plays in guaranteeing political leaders hear the voice of business,” Mr Luxon says. “New Zealand’s ABAC representatives are very well respected and ...2 days ago
- New intelligence oversight appointments
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- New housing developments able to progress more quickly
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- Ending contracted emergency housing in Rotorua
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- Vocational education and training decisions support return to regions
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- Reducing the environmental impact of synthetic refrigerants
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- Ngāruawāhia section of Waikato Expressway back to 4 lanes for Christmas
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- Government to celebrate Waitangi Day around NZ
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- Inspector-General of Defence appointed
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- Fire and Emergency New Zealand final levy rates confirmed
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- More AML relief on the way for Kiwi businesses
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- Government seeks partnerships to plant trees on Crown-owned-land
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- Wide ranging legislation to make justice system more efficient
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- Diverse skills in community trust appointments
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- Torture redress for survivors of the Lake Alice Unit
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- A busy year in the House
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- Greater reporting on Treaty settlement commitments
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- New appointments to the Charities Registration Board
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- Building consent processing times improve
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- Faster access to support through Innovation Fund
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- New Zealand to assist Vanuatu on earthquake response
New Zealand is providing Vanuatu assistance following yesterday's devastating earthquake, Foreign Minister Winston Peters says. "Vanuatu is a member of our Pacific family and we are supporting it in this time of acute need," Mr Peters says. "Our thoughts are with the people of Vanuatu, and we will be ...5 days ago
- Government takes steps to reduce card fees for Kiwis
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- Review recommends ECE regulation shakeup
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- Offshore Renewable Energy Bill passes first reading
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By not applying the law equally and fairly the whole system can quite rightly viewed as contemptible, yet another vehicle for inequality.
I wondered why their comment about “It is also apparent that GCSB had an incorrect understanding of the Immigration Act 2009 and how it related to the GCSB Act..” (h/t Mary) sounded familiar.
Then I remembered where I’d heard it before.
GCSB staff cannot be criminally liable.
I think this is close to the truth. Cannot have a criminal international spying unit held accountable for that behavior now do we?
Could a private prosecution be taken by Mr. Dotcom? That would set the cat amongst the pigeons.
McCready is probably up for it – although he’s probably a bit busy with the other ones he’s got on 🙂
Edgeler shares his thoughts:
http://publicaddress.net/legalbeagle/the-police-investigation-into-the-gcsb/
That’s a good assessment of the situation. Yes, end result is the same but their method is not merely woeful, it is alarmingly dishonest.
Here’s Bomber’s take on it:
http://thedailyblog.co.nz/2013/08/29/cops-investigate-themselves-and-find-themselves-not-guilty-of-their-request-for-the-gcsb-to-illegally-spy-on-dotcom/
I imagine Dotcom has his lawyers gearing up for the civil case as we type.
I’d donate serious money to support that.
What do you do? I despair as I work hard all week and pay the tax equal of 2 unemployed benefits or a weeks expenses of an list MPs ! Who do you shoot first?
@ frankdb
Yourself.
You look out of the window at all the roads, with their streetlamps and essential service routes, and the electricity that comes into your house, and the schools and hospitals and rule of law we made, and you feel a little tiny bit of pride in us.
If the GCSB are held to account…so must their Minister (Um…that’s John Key!) be accountable.
NO FREAKIN’ WAY!!!
Doesn’t matter what the law says….That ain’t gonna happen.
..and it didn’t.
Not under this government, anyway.
(Don’t you long for the innocent. trivial days when Helen Clarke being driven to the airport at speed by the police as a HUGE issue? Now we have brazen, illegal state spying…and when caught, they make it legal. Disgraceful on any scale of right and wrong. )
Maybe a Kickstarter Fund to kick off a private prosecution of the GCSB…..
Those guys in Toronto were able to raise over C$200,000 to *attempt* buy a video of Mayor Rob Ford smoking crack cocaine.
(But Mayor Ford allegedly paid the crack video guy more than that, so they donated the money to charity instead).
I see that Russel Norman has issued a press statement demanding to know why the police chose not to prosecute the employees of the GSCB and asked whether other New Zealanders would get the same latitude.
I am pleased to see that Russel, exhibiting his normal consistency has issued another press release.
The bones of it are that he is demanding that the police re-open, and prosecute other “crimes” including the following –
1. The former co-leader of the Green Party, and Catherine Delahunty, a current MP, should be prosecuted for fraud for making false accomodation expense claims.
2. The Green Party should be prosecuted for the theft of about $90,000 from Parliamentary Services during the 2005 election campaign.
3. Green Party supporters, and Dr Norman’s executive assistant should be prosecuted for the vandalism of National Party billboards in the 2011 campaign.
5. Jeanette Fitzsimmons, former co-leader should be prosecuted for lighting fires on the Coromandel during a period of a total fire ban.
Many other examples could be given, Dr Norman said, but these will do for a start.
He is to be congratulated for insisting that all New Zealander’s are to be treated equally, don’t you think?.
Have you sent this list to the police, or are you just all hot air?
He cant send it , its tattooed next to his heart, just in case he forgets one dot of it
Why on earth should I bother to complain to the police?
It’s Comrade Russel who’s getting his knickers in a twist and demanding the police carry out selective prosecutions.
It isn’t me who wants them to do so.
Little Johnny backs the police decision not to prosecute, what a surprise. According to the little emperor a couple of poor misguided spies got it wrong, of course they only managed to “accidentally” spy illegally on their fellow countrymen 88 times, an understandable oversight:
http://nz.news.yahoo.com/a/-/top-stories/18720126/key-backs-police-decision-on-dotcom-spying/
Latest yahoo poll shows people don’t buy little Johnny’s excuses. So far 52% think the dodgy spies should have been sent down the river.
Maybe some of the right wingers on this site would like to vote and see if they can overrule public disgust since there is clearly so much untapped support for their warped viewpoint:
http://nz.news.yahoo.com/a/-/top-stories/18720126/key-backs-police-decision-on-dotcom-spying/
“Under the Crimes Act it’s whether they deliberately intended to take an action against somebody that they knew to be a New Zealand resident, and they didn’t.”
Not sure the Crimes Act talks about residency status, ackshully. Otherwise spying on tourists wouldn’t be a crime.
If someone asked to ‘tap wires, or make lawful interception as it is called in telecom biz, that person (/organization) is responsible for. If there was a crime as in this case, then that person has committed to crime or has persued another person on crime. When there has happenned a crime, then there is a criminal. From far a way, in Finland, this case is very clear. Causality is simple: 1. Crime (eg. Kiwi PM has told that crime has happenned), 2. Someone installed or set up SW and/or HW to do lawfull interception without proper lawull order and this came unlawful interception, 3. If there was an proper order then someone on the chain of command did a criminal act or pursued another person to this crime. You should check your police force.
Years ago I had a case in Finland where several police officers helped me to write a letter to local commun that has did a decision based on educated, but undocumened decision making of Finnish police. In my case police had written statement that was untruth, patrol of two police officers observed week before scools start our road to school. Their boss wrote a report, but he was educated to remove any statement that makes another public organization to spend money. So he removed thruth from his report. The patrol had written and educated order to observe, but not to write anything on paper. Luckily I have a lot of friends and some of them are in police. I wrote that I shall sue police unless they remove report, and they did. This happened 10y ago inFinland! This region where I live, police has not given reports on safety of roads since then. The educated, but non-written beavior of Finnish police is there still. If we have this, what do you have in Kiwiland?