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Dotcom will sue GCSB, lawyer says

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Dotcom will sue GCSB, lawyer says

3News NZ

Kim Dotcom (file)

Kim Dotcom (file)

Internet tycoon Kim Dotcom will sue the Government's spy agency for damages, his lawyer says.

Paul Davison QC says the claim will cover breaches of the law and intrusion of privacy.

Dotcom is able to sue because of a High Court ruling by Justice Helen Winkelmann, released yesterday.

She granted an application for the Government Communications Security Bureau (GCSB) to be added as a defendant in the ongoing judicial review of the lawfulness of the police raid on Dotcom's mansion in January, when he was arrested on allegations of internet piracy and racketeering.

The agency has admitted it acted illegally when it spied on Dotcom and his associate Bram van der Kolk.

They are both New Zealand residents, and the GCSB is forbidden by law to spy on citizens or residents.

Mr Davison won't put a figure on the claim, Radio New Zealand reports.

Opposition parties say Dotcom will be able to sue the government, the GCSB and the police for millions of dollars.

Justice Winkelmann also ruled the GCSB must disclose when the police first asked it to intercept Dotcom's communications and hand over to the court all the information it gathered.

It must also disclose whether it gave the information to any other agency.

US authorities have laid charges against Dotcom and an extradition hearing is due to start next year, probably in June.

Dotcom previously said he would prefer not to sue because he loves living in New Zealand and doesn't want to burden taxpayers.

NZN

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Comments

12/12/2012 2:17:48 p.m.

Mal wrote:

@MIKE B. They should have thought about what they did before they did it and all of it illegal. So who are the idiots here? I call that being totally brainless. I hope Dotcon sues

8/12/2012 11:43:41 a.m.

Kathy wrote:

John Key is ultimately responsible here Gaby. Back in my day a minister took responsibility for his stuffs ups, but John Key seems incapable of taking responsibility for anything. The only thing John Key knows how to do is throw people under the bus. Ask yourself if a top secret organisation like the GCSB would record everything that happenes on their premises, every other spy aganecy in the world does... but apparently not the GCSB according to John Key who had the recording of his february meeting destroyed (illegally).

8/12/2012 10:37:39 a.m.

dennis wrote:

Best comment yet, Gaby. Except JC hasn't done too bad because Kim might be testing the US Constitution now if it wasn't for him and David Harvey

8/12/2012 1:20:08 a.m.

gaby wrote:

Not that he really needs it, but flash the cash, and Dotcom's probably not gonna not take it - it will pay for a few legal bills that he probably shouldn't have had in the first place. Is the US going to chip-in, or is too much money been spent on more important matters. How about reassigning the coffee and donut refreshment fund (for watching live-feeds of illegal raids)? New Zealand has now become a laughing stock - some agents in the US say "jump illegally", and the New Zealand Police and GCSB say "how high?" - is that how it goes? - I don't want to pay for that crap. Who were the government lawyers, police, agents and other bafoons who advised on and executed this plethora of bungles to date - are they shy? David Dotcom is facing up to the cameras - why are all of Goliath's little helpers in hiding? Key is ultimately responsible, but he didn't call the shots, he's not capable of it - who did? Who were the FBI agents who to all intents and purposes, stole NZ Government Property, and apparently still have not returned it? Have they any comments to make on the matter? Come on you journos, don't just sit there and regurgitate Justice Winkelmann's logical rulings - leave that to the law students pursuing examples of untainted objective judgements. There is a gold mine of people who need to be brought to the fore of this debacle. If my taxes are paying for this debacle, then I want to see who's responsible.

7/12/2012 6:06:38 p.m.

nigel wrote:

Dotcom for Prime Minister.

7/12/2012 1:30:38 p.m.

Mike B wrote:

We live in a sick society. People here are saying this criminal must be paid out and we are talking millions. Then we have a woman whose life was destroyed and she gets a measly $300k. Why does Dotcom not go to the States and prove his innocence? No other country in the world would protect a known criminal like we do. Time to get out of this place. Iraq looks a good bet.

7/12/2012 12:46:29 p.m.

MH wrote:

I can just see it now. "Dotcom brings down John Key" Brilliant, bring it on!

7/12/2012 11:39:03 a.m.

Adrienne wrote:

If a government agency has broken the law those involved need to face the law however , giving New Zealander’s tax money as compensation to a fellow New Zealander who does not need the money would be quite hard to accept graciously. If possible, in this instance, it would be good if NZ tax-payer money could remain in the system where it could benefit all New Zealanders, not just one. Justice can be served without cash changing hands.

7/12/2012 11:30:05 a.m.

dennis wrote:

@Mike. A suit is a process. A forum for accountability. If it would cost him millions, or even billions, to account the likes of Dodd, give it. The principle is not just internet freedom. It is World freedom. Might and money do not make right. Arrogance is worse than ignorance

7/12/2012 11:27:31 a.m.

Billy wrote:

Thanks John Key for costing us $200 million!