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Dotcom wins right to sue Govt spies

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Dotcom wins right to sue Govt spies

3News NZ

Kim Dotcom (File)

Kim Dotcom (File)

By 3 News online staff

The Court of Appeal has ruled that Kim Dotcom has the right to sue the Government Communications Security Bureau (GCSB).

The Government had been battling to keep the spy agency out of the ongoing Kim Dotcom court battle.

The decision, released today, dismisses an appeal by the attorney-general of a High Court ruling last year which found the GCSB should be involved in the case.

The Court of Appeal judgment criticises the Crown for not following proper procedure and says better co-operation with Dotcom’s legal team is needed.

However, it said not all the spy evidence gathered about Dotcom and associate Bram van der Kolk has to be made available to lawyers – only what is relevant to the case.

The GCSB has already admitted it acted illegally when it intercepted Dotcom's communications, saying it was not aware he was a New Zealand resident at the time.

The decision comes two days after it was announced that the police probe into the GCSB had resumed after months of delays over whether the spy agency was able to hand over classified information to police.

Dotcom’s compensation case against the GCSB and police will be heard next month.

The internet tycoon and three others are facing charges in the United States of copyright infringement and money laundering through their Megaupload file sharing website. Their extradition hearing is due to begin later this month.

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Comments

15/03/2013 11:24:25 a.m.

dennis wrote:

Amazing that an eavesdropper could win an appeal against being required to front up with all the illicitly obtained material

15/03/2013 8:16:55 a.m.

dennis wrote:

What could've, and should've, resolved this matter was the 2 applications to the Court of Appeal. It should have been resolved there and then on 20 September. Both decisions are perverse. To be so ignorant as to sit on the decision for 5 months and one and a half weeks is incredible, and blatantly corrupt. The decision didn't just affect Kim Dotcom, but over 200 staff, and because many of them are entrepreneurial, all their own business aspirations are affected. So probably around 1000 people and their families awaited a resolution. What we obviously have is ex Crown Law support. They will look after each other first. To go against Finlayson will jeopardize appointment to the Supreme Court, perhaps. Plain, ignorant, selfishness. Justice Asher asked a question in February (last year). "I presume you have satisfied yourself that these are extradition offences?" The information with which to prove they are not has yet not become available. In my opinion they are not, and even if there was a criminal offence it should have been charged here and not there. Our Copyright Act covers infringements against an overseas copyright holder. So if they would just stop playing games.....

9/03/2013 2:33:47 p.m.

sean wrote:

As I New Zealander I can tell you most people I have spoken to and myself are pretty disgusted by this charade. The so called streamlined extradition process between the US and New Zealand sees New Zealanders threatened with extradition to a country like Dotcom most of us have never lived in. The US does not have to provide full and exacting disclosure as to why they want a NZ citizen but instead an insipid summary. To myself and others this is utterly unacceptable. More dubious still is the fact that there are US sites like Youtube that have considerable content that is by most definitions copyright infringement yet no US law enforcement agency there has gone after them. I hope Kim kicks the US and our own shameless, toadying, unpatriotic government to the curb....

8/03/2013 4:21:59 p.m.

Dianne wrote:

Nothing against Kim I side with him. But it is the tax payer that would be footing the bill like so many things lately it is time government start looking at themselves

8/03/2013 10:24:41 a.m.

jon wrote:

Good on you Kim. But the real crim is Key. He is the one who let this all happen. Make him eat mud.

7/03/2013 10:01:13 p.m.

Mal wrote:

Go hard Mr Dotcom. Sue the backsides off these creeps.

7/03/2013 12:45:24 p.m.

Jer wrote:

Good. Lets hope that because the evidence was illegally obtained, that it is not admissible in court. Stuff the FBI, this is New Zealand. They want to make an example of him because the recording and film industries have politicians in their back pockets. I think it would be more important to investigate charges of bribery in congress.