The Bradbury story: ‘unlawful’ access of bank records

This would appear to be big Bomber story, from NZH: Hunt for Rawshark sees police rapped again for ‘unlawful’ search of banking records

Police have again been caught unlawfully harvesting private banking information in the search for the hacker behind the Dirty Politics book.

This time it is activist and journalist Martyn Bradbury who has been drawn into the police investigation.

And this time police inquiries are said to have had an awful impact, leading to two suicidal episodes.

Bradbury’s is the latest case of police unlawfully exploiting the Privacy Act to get personal banking information without getting a court order.

The practice has been ruled unlawful after Bradbury – who runs The Daily Blog website – complained to the Privacy Commissioner.

Bradbury told the NZ Herald he uncovered the police probe after being rejected for credit by his bank.

He said he became suspicious because the “extensions of credit weren’t extravagant and the manner in which the declines occurred just seemed odd”.

When Bradbury sought information through the Privacy Act, he discovered that detectives working on the Rawshark case had made a request for his records saying they were investigating “computer fraud”.

Bradbury had publicly indicated some knowledge of the Rawshark hack of Slater so I guess the Police could have seen him as possibly involved, but illegal access of his bank accounts seems excessive.

Detectives did so quoting a section of the Privacy Act allowing those holding data to ignore people’s privacy if there are “reasonable grounds” to believe it would help “maintenance of the law”.

The ruling from Privacy Commissioner John Edwards found police gave Bradbury’s bank no information to make an assessment of whether the request was “reasonable”.

Edwards rejected police submissions that the request only lacked supporting information for the bank to make a proper decision.

Even if police had provided the information, Edwards said detectives “were not justified” in asking for the banking records without a legal order from a judge.

“It is our view the request for your banking records, given their sensitivity, ought to have been placed before a judicial officer for decision on whether it met the grounds for a production order.”

He said the “nature and the scope of the request was unfair and unreasonably intrusive”.

The request for information was “unlawful” because it was constituted a “search” and the Bill of Rights stated “everyone has the right to be secure against unreasonable search”.

He said the “nature and the scope of the request was unfair and unreasonably intrusive”.

The request for information was “unlawful” because it was constituted a “search” and the Bill of Rights stated “everyone has the right to be secure against unreasonable search”.

Bradbury, who insisted he has no connection to or knowledge of the hacking of Slater’s computers, said: “They should have taken it to a judge and got a warrant.”

Instead, they sought “everything they could get their hands on”.

Yes, the police should have got a warrant.

But Bradbury’s claim he had no knowledge of the hacking is interesting. I posted this in October 2014: On Hager and “Dirty Politics and dirty politics

Two days before the launch of Hager’s book left wing activist, blogger and big noter Martyn Bradbury posted:

Here are my 3 guesses on his book.

1 – Right wing spin doctors in Wellington will be crying harder than Matthew Hooton post the Hollow Men.
2 – We won’t hear from the Taxpayer Union for a while.
3 – This won’t be the only time Nicky makes an impact before the election.

When his “guesses” were queried he responded on Twitter:

pfft – Nicky contacted me months ago asking specific questions which helped my guesses – the lesson is read TDB

It is hard to know whether his ‘guesses’ were simply that and he had only vague knowledge, or if they were attempts to disguise any connection to the hack. Bradbury is fairly well known to claim or imply more inside knowledge than anyone trusts him with.

The police may or may not have known of Bradbury’s blowhardness.

Bradbury said the credit requests were to help keep The Daily Blog going and getting knocked back triggered a huge depressive episode.

He said he had lived with depression since suffering a brain injury aged 18 from a car accident.

“Over the last five years that depression has become very difficult to manage and the financial stress of not extending credit all combined in late 2016 in two suicidal episodes.

“When your little black dog morphs and mutates into a huge black bear, you’re looking for anything that will ease the anguish and pain.”

Oh jeez. It’s hard to know what to think or feel about this.

Felix Geiringer, the barrister who acted for Hager overturning the police search warrant, said it was hard to understand any “credible basis” for including Bradbury in the Rawshark inquiry.

He said police appeared to have sought Bradbury’s records to try and establish the hacker was paid to carry out the hack. “There’s no evidence that took place in this case. There’s none.”

Geiringer said Bradbury – like Hager – was a journalist which conveyed specific protections around searches.

Bradbury is a sort of a journalist, similar to Cameron Slater – they investigate and they publish, but they are also political activists and as far as I understand they have both received payment for political work, so journalism and activism get muddy.

It was the same issue which the High Court rapped police in the Hager case, he said.

The NZ Herald has previously shown how police have used the Privacy Act exploit to gain banking details of potentially thousands of people without any court or judicial order – and that at least one bank has used it to red-flag customers.

The practice was widespread when the NZ Herald exposed it in 2013 and saw police headquarters offer assurances that it would not be used to access detailed banking records.

Yet police continued to use the exploit, not only in the Rawshark investigation against Nicky Hager, but in cases identified across the country.

I presume the investigation of Bradbury was some time ago, the Police say “no officers are currently assigned to the investigation” of the Rawshark hack.

I hope Police practices regarding seeking bank records has improved somewhat.


Bradbury took his story to the herald but is still claiming ‘exclusive’ on posts at The Daily Blog.

EXCLUSIVE: The Rawshark Investigation & secret Police mass surveillance program against 100 000 NZers

The NZ Police have lied about the scope of their investigation into who hacked Cameron Slater’s computer. It was originally just Nicky Hager, but it also included myself and possibly several other left wing activists and senior figures within the political left including the Labour Party.

EXCLUSIVE: My case against a secret NZ Police investigation that breached my privacy and my civil rights

It’s not important to like or dislike my work, but I think we can all agree that allowing the Police to conduct secret investigations into activists and political bloggers that then damage their reputation negatively based on spurious grounds isn’t acceptable in a liberal democracy.

Let me start by categorically stating, I never hacked Cameron Slater’s computer and have no idea who hacked Cameron Slater’s computer for the information that appeared in Nicky Hager’s book, ‘Dirty Politics’.

 

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38 Comments

  1. Ray

     /  August 28, 2017

    Bomber has financial problems, who would have guessed.
    Sounds to me if he hopes to get a big financial payout for his pain and distress.
    Well that is two fizzers, wonder if the last one hits the spot.
    #motherofallFizzers

    Reply
  2. David Fisher. Kim Dotcom hagiographer. How predictable !

    It’ll be hard for Badburh to prove the link between the police action as being the source for the bank not extending credit. In my experience there’s a formula – a simple case of asset collateral and income to funds requested that determine that. There’s always a paper trail, a few people involved in the yes/no decision that they’ll have.

    Excellent piece Pete. I really appreciate the effort, rigour and sane assessment.

    Bradbury’ public threats to Key are pretty out there. His hatred for National and overt partisanship unmatched in NZ political blogging and a cursory visit to TDB requires a strong stomach, a well-tuned, high capacity BS filter and a sense of humour.

    Will anyone care apart from the usual suspects and the Press gallery? Police allegedly access all data to establish criminal intent. It might have been illegal but….drumroll….will the voters care?

    Dirty Politics said NO that question.

    Reply
  3. duperez

     /  August 28, 2017

    It may have been illegal but will the voters care?

    And the Turei thing was illegal and the voters did care. Is the standard on whether illegalities are accepted to be the amount of public outrage and whether voters care?

    Reply
    • High Flying Duck

       /  August 28, 2017

      I think voters will care – police over-reach is an issue that crosses political lines.
      I doubt he’ll get sympathy from many though.
      The Turei affair was deliberate fraud being played up for political purposes and it back fired.
      The Bradbury issue is the police crossing as line while conducting a lawful investigation.
      Unless Bradbury has some kind of smoking gun showing high ranking political figures pushing the investigation where can it really go from here other than a Police apology and maybe a bit of koha for hurt and humiliation?

      Reply
    • Amoral was a big issue there. That and obfuscating after the event

      Reply
      • Labour on very, very shaky ground with the gross breaches on many counts, not the least which was abuse and human suffering, with the Uruwera raids. They’ll not rush to judgement on police, if they do, they can expect opposition. People love the police

        Reply
        • Brown

           /  August 28, 2017

          Stupid them then. The police are politicised and frequently incompetent. There will be the gems but also a lot of tailings.

          Reply
      • duperez

         /  August 28, 2017

        Amoral isn’t an issue in the Bradbury thing? And obfuscating after the event?

        If they broke the law they broke the law. If they didn’t come clean after the event they were obfuscating.

        Reply
        • You’ll find the courts can deal with this. It’s a procedural police matter v citizen and if he can afford to sue them then he can. Bank? Let him likewise sue them. Good luck to him.

          Spanish Bride has this to say on Martyn/Martin:

          “That ” Journalist” crowed with laughter and maliciously revelled in every terrible thing that happened to Whaleoil as a result of Rawshark’s criminal actions. He expressed his desire for our editor to go kill himself. He wanted Whaleoil financially destroyed and closed down. He thought Rawshark was a hero for invading our privacy and Hager too for publishing private conversations that revealed nothing illegal or criminal.

          That ” journalist” repeatedly mocked our editor for being upfront with his readers about his experiences with the black dog of depression. He mocked the pressures we were all put through and said that we deserved it. He wanted Whaleoil bent and broken in pieces on the ground.

          I am sorry that Martyn Bradbury was so depressed that he tried to kill himself two times because he was unable to get an overdraft from his bank. I cannot imagine how he would have coped if he had to endure 1% of what was thrown our way during the left-wing Dirty politics hit job. I hope he finds a good psychologist and manages his depression with exercise. I wouldn’t wish depression on my worst enemy.”

          Fair enough I’d say. Karma is a bugger

          Reply
          • duperez

             /  August 28, 2017

            Yes, the courts can deal with it. It is a procedural police matter v citizen and he can sue them and the Bank. And Karma is a bugger.

            And those who were so upset and emotional, so pissed off about Turei ostensibly breaking the law and needing to be dealt to, now saying “Yeah the law might have been broken in regard to Bradbury, but he’s just a loudmouth, stirring leftie, dem are da breaks.”

            Reply
          • Corky

             /  August 28, 2017

            ”That ” journalist” repeatedly mocked our editor for being upfront with his readers about his experiences with the black dog of depression.”

            Experience should have told the Whaler, when it comes to being nasty, nothing is off limits to the left. Kids,illness, fake deaths and innuendo are tools of the trade.

            Yes, Karma is a bitch. Sometimes it returns straight away. Other times it gestates over years then returns just when you think you have life sussed.

            It should be outlawed.

            Reply
            • Comeonbro

               /  August 28, 2017

              Reminds me of a phrase Grandad used. You’re not depressed you’re just an arsehole.

              Worst part is people have taken the mad rantings of two depressed narcissists seriously for years. Whale and Martyn both peas from the same pod.

            • duperez

               /  August 28, 2017

              Outlawed like police acting illegally?

            • corky

               /  August 28, 2017

              As a matter of fact, yes.

            • duperez

               /  August 28, 2017

              Thank you for your honesty. You think state agencies like Police should not have to operate within laws set by the people. I didn’t read the follow-up to the M Turei event closely enough recently but assume you were a big supporter of her historic actions.

      • Blazer

         /  August 28, 2017

        you’ve never had an issue before when National Party politicians display such behaviour.

        Reply
  4. Blazer

     /  August 28, 2017

    John Spys legacy…continues.

    Reply
    • High Flying Duck

       /  August 28, 2017

      Kitteridge Report:

      “In relation to NZSIS, between 1 April 2003 and 26 September 2012, GCSB provided 55 instances of assistance to NZSIS, which potentially involved 85 New Zealand citizens or permanent residents.

      In relation to the New Zealand Police, between 1 April 2003 and 1 January 2009, GCSB provided assistance to the Police in one instance, which potentially involved three New Zealand citizens or permanent residents.”

      Urawera Raids – under HC’s watch…

      John Key did nothing that Helen didn’t set the benchmark for…

      Reply
      • Blazer

         /  August 28, 2017

        3 under L,52 under N….As you know Key introduced new big brother type legislation,allowing the GCSB ,Stasi like powers ,after ramping up virtually non existent …threats.Apparantly the GCSB don’t understand the law themselves,and keepo…fucking up.Fletcher the former head of Security Intel,the guy Key was not sure whether he knew or not….could not runaway…fast enough.

        Reply
        • High Flying Duck

           /  August 28, 2017

          Fletcher left because Labour were going full retard on something that should be
          a-political & throwing contradictory viewpoints around like confetti.
          The Key connection was tenuous and irrelevant.
          The broadened powers were more a clarification, and the recommendations came from that right wing stalwart Michael Cullen along with Patsy Reddy.

          Reply
          • Blazer

             /  August 28, 2017

            this was Key’s baby…..groomed by the U.S …N.S.A.No one can plausibly say…otherwise.

            Reply
            • High Flying Duck

               /  August 28, 2017

              You mean no-one who suffers KDS (even now he’s gone) would say otherwise.
              Any one else would say why would he bother getting involved. He didn’t gain from it.

            • Blazer

               /  August 28, 2017

              being a U.S lapdog is reward ..enough for Key,a P.M with an absolute selective…memory.

        • Corky

           /  August 28, 2017

          No, Blazer, blame Peter Dunn. But lets be fair. Labour would have done the same.

          In reality, as you well know, information is just a click away. I’m more interest in how these idiots got caught.

          Reply
  5. There was a strong suspicion Dotcom was involved in the Rawshark hack. At the time, Bradbury was helping Dotcom set up the Internet Party. Yes, it might all be coincidence, but the Police were investigated a significant criminal act.

    It’s ironic now that Bradbury is playing the depression card, having teased and mocked Slater for many years over the latter’s own depression.

    Reply
  6. I’d feel sorry for the man, but they don’t make violins small enough to mourn Martyn Bradbury’s problems.

    Reply
    • duperez

       /  August 28, 2017

      Will you want us to feel sorry for you if the police treat you illegally? Will you want us to feel sorry when you have people excusing police illegalities through political partisanship?

      Reply
      • corky

         /  August 28, 2017

        Lke when Aunty had a close and partisan relationship with the police?

        http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=2050628

        Reply
        • PDB

           /  August 28, 2017

          That brings back memories – Blazer and the like always talk about Key’s ‘brain-fades’ but he was but a student of the master……

          NZ Herald on ‘Paintergate’ & Helen Clark: “”Miss Clark states that she does not recall signing the painting but acknowledges that she did so. She has stated that she has no independent recollection of any of the events surrounding this painting,” the report says.”

          Smh on Helen’s speeding brain-fade: “The trial heard the three-vehicle convoy’s 206 km journey from the South Island town of Waimate to Christchurch had taken taken 96 minutes at an average speed of 128 kmh.

          On the fastest leg of the journey the vehicles clocked an average speed of 152 kmh. Some reports said the cars reached an estimated 170 kmh at one point.

          Before the trial, Clark had said she was reading official papers in the back seat of her car and was not aware of the speed of the motorcade.”

          Reply
          • corky

             /  August 28, 2017

            Lol.. a Lefties relationship with the truth is called ‘Foreign Policy.’

            Reply
          • Blazer

             /  August 28, 2017

            note re painting,she admitted signing,and everything else she says is plausible.128kph in a limo ….!as if a passenger could guess the speed.

            Reply
            • PDB

               /  August 28, 2017

              “On the fastest leg of the journey the vehicles clocked an average speed of 152 kmh. Some reports said the cars reached an estimated 170 kmh at one point.” – didn’t notice a thing………

              re. the painting – Herald;

              “Helen Clark was pinged on Sunday for passing off a painting she signed and submitted for a charity auction as her own work. That should have been the end of the matter. But the next day – under questioning from journalists – she admitted that a total of six fakes bore her signature.

              The following day, under pressure from indignant MPs, she was forced to confess that her repeated assertion that other politicians were guilty of the same behaviour did not actually apply to any existing MP.

              And having accused Act MP Rodney Hide of tipping off the media about the painting’s authenticity, she then had to accept his word that she was wrong.”

              Not very honest at all……..Is that where you get your deflection technique from Blazer?

            • Blazer

               /  August 28, 2017

              she admitted any miscommunications,pretty honest I would say…couldn’t say the same for….

              https://encrypted-tbn0.gstatic.com/images?q=tbn:ANd9GcTPniZOLjWLKbtqUeRiOq5FP75PyPohtagJ0xxkzrte30Uw5Qsq

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