Dotcom loses bid to access GCSB recordings

Kim Dotcom has failed in a bid through the High Court to get access to recordings made by the GCSB.

NZH: Kim Dotcom kept in the dark about GCSB spying

In a just-released ruling, Justice Murray Gilbert has said the recordings won’t be released.

The GCSB has previously admitted illegally intercepting private communications between Kim and Mona Dotcom, and Bram van der Kolk, as part of the extradition case being built between December 2011 and March 2012.

Then-Prime Minister John Key has apologised for the communications being intercepted.

“The Dotcoms complain that non-disclosure impedes their ability to pursue their claim and breaches their rights under the New Zealand Bill of Rights Act 1990,” the decision said.

“In particular, they submit that the measure of damages to which they are entitled will depend on the extent and nature of the unlawful intrusion into their private lives and the raw communications are needed to establish this.”

The Dotcom team said that any national security issues shouldn’t stop the information being released, because information on the sources and methods of intelligence-gathering were already public knowledge.

But lawyers for the GCSB argued that releasing the material could prejudice the security of New Zealand, and the confidence of other countries in entrusting sensitive information to New Zealand.

A main reason for Justice Gilbert’s decision is a 2013 Court of Appeal verdict that ruled the GCSB didn’t have to release the raw communications. Justice Gilbert said that meant he couldn’t relitigate the issue.

Even if it wasn’t for the Court of Appeal verdict, Justice Gilbert said national security issues outweighed public interest in the raw communications.

Dotcom has indicated he will appeal this decision.

Dotcom has been giving some of our laws a good workout. And his lawyers.

6 Comments

  1. NOEL

     /  July 21, 2017

    All because A didn’t tell B he had residency..

  2. Why is the fetid one still here?
    I saw a worthwhile immigrant and family got the boot the other day and they had a business employing kiwis…

    • Kitty Catkin

       /  July 21, 2017

      He’s probably unable to leave if he’s on trial.

      I have learned not to take immigration cases at face value-there is always, I imagine, some good reason behind these decisions and we are not always told it at first.

  3. Corky

     /  July 21, 2017

    His lawyers must have known there was no chance the GCSB would be ordered to hand over recordings.

    • John Schmidt

       /  July 21, 2017

      I think he also asked for the techniques used to gain any recordings. No goverment in the world would ever divulge how they do their security business.
      Its a bit like expecting Britain to tell Germany how they were cracking their enigma machine.

  4. duperez

     /  July 21, 2017

    Dotcom has been giving some of our laws a good workout? And his lawyers?

    And the GCSB?

    “The illegal spying which earned Kim Dotcom an apology from former Prime Minister Sir John Key went on two months longer than previously admitted, according to a High Court judgment.

    The revelation – if accurate – would open a can of worms over sworn admissions the GCSB has made in the High Court and the Court of Appeal over assistance given to police …

    If accurate, Justice Gilbert’s statement that the GCSB admitted intercepting until March 22, 2012 raises a slew of questions.

    It would mean the unlawful spying carried on after the GCSB knew that it was illegal.

    http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11893618