No excuse for police perjury

Today, One News reported:

When spoken to by the Sunday Star-Times, Wormald said the answer had been taken out of context, and rejected suggestions he had been lying. "I'm saying I told the truth."

However, a police source said Wormald has argued the answer to his question has been taken out of context. He said he was asked about "physical surveillance" and was not referring to the snooping of emails and phonecalls which GCSB is understood to have carried out.

Thankfully we know what the question from Dotcoms' lawyer Paul Davison QC was:

So apart from the surveillance which [the police surveillance team] might have been going to undertake on your behalf was there any other surveillance being undertaken here in New Zealand to your knowledge?

Detective Inspector Grant Wormald then perjured himself by saying; "No there wasn't".

Wormald refused to go into the matter further because it was in front of the courts, but said a transcript of the hearing would provide context to what he said.

But they haven't released the transcript of the court case... What does that tell you?

Marshall backed that stance, saying it was "deeply concerning" there had been "considerable recent speculative, inaccurate and selective commentary" around the actions of police officers involved in the Dotcom investigation.

Today, Q+A had a video of Grant Wormald saying exactly what had already been reported. Any speculative or selectivity doesn't necessarily make the reporting inaccurate. It's the media's job to report on people's opinion and selectively choose what information is newsworthy. A Detective Inspector misleading a court of law is obviously newsworthy.

It's a pretty far-fetched excuse by Peter Marshall, who's expecting the public to believe that reporters have intentionally misreported the facts of the matter and are therefore liable for a defamation case. Wormald hasn't laid a complaint with any media outlet though, nor undertaken legal action to protect his position, because he doesn't have a leg to stand on.

Today, Whaleoil reported:

Campbell Live used selected quotes from a cop in court – DotCon’s lawyer continued the theme in court the next day (nice strategy) – and the rest of the media dutifully repeated this, saying the cop’s evidence was inconsistent.

In my opinion, Wormald wasn't just inconsistent; he clearly perjured himself in a court of law. He said to his knowledge there was no other agencies involved in the surveillance of Mr Dotcom, knowing full well that the GCSB was involved. In fact he attended a meeting on December 14 with GCSB operatives. For him to say he wasn't aware of their involvement is an obvious lie.

The defence lawyer is trying to get his client off, as you would expect – but shouldn’t the media have been more circumspect with its reporting?

By "circumspect" Slater actually means the public shouldn't have been informed at all. However it's to late to brush it all under the carpet and thankfully reporters have a higher standard than the right wing fool!

Paul Davison QC has a duty to his client and the truth. The media rightfully reported on Wormald's perjury and the GCSB's involvement. It is their involvement that could ultimately let Dotcom off, because it was unlawful.

Now the stupid Greens are trying to interfere, even though they will have no idea of what was and wasn’t said in court.

The Greens have a duty to represent the public's interests. It's not in the public's interest to have the GCSB illegally spying on New Zealand citizens and/or residents. It's not in the public's interest to have Detective Inspector Grant Wormald get away with perjury.

Of course the Green's are far more diplomatic than the Jackal, with Russel Norman saying:

This is one of their senior officers giving inconsistent evidence under oath - that's a pretty serious matter. In the first instance, let's see how the police deal with that, but clearly they do need to deal with it.

Unfortunately it appears that the police are dealing with it by making pathetic excuses that are inconsistent with the facts of the matter. Instead of ensuring justice is done, the police are closing ranks to protect one of their own, no matter how unlawful the Detective Inspector has been.

This is entirely detrimental to the police force, which can only operate properly when people have confidence that justice is being served. Such blatantly obvious corruption also lowers police moral, with the damage caused to the organizations functionality not to be underestimated.

Compounding the problem further with more lies, which insults people's intelligence, is not a solution. But none of this concerns National propagandist Cameron Slater, who writes:

So, my question to the media and everyone else out there – is there a transcript of what was said in court? Have you checked it? Are you confident the full facts of what was said have been reported? If not, are you at all concerned you might have got this very wrong? Are you concerned you might have prejudiced a court case?

As I'm sure the ignoramus Slater knows, there is a transcript of the court case but it hasn't been made public. In fact all court cases in New Zealand are transcribed. We already know what was said because it was recorded and accurately published. In this instance, people should have confidence that what was reported is correct.

It's apparent that there's no omission of information by reporters that might let Wormald of the hook. The evidence is very clear... Grant Wormald knowingly perjured himself in a court of law. He should therefore resign or be sacked. In the very least, there needs to be a full and independent inquiry into the matter.

The police should also conduct an investigation... However, their objectivity is in question, and it's doubtful that any charges or a prosecution of Wormald would eventuate by simply leaving it up to them to deal with.

The dishonest Detective Inspector is liable to imprisonment for a term not exceeding 7 years for committing perjury, so it's no wonder they're trying to bullshit their way out... They take their cues from John Key after all.

We live for the sea... Yeah right!

Dotcom spy debacle timeline

In early 2011 New Zealand Police were contacted by the FBI with a request to assist them with the investigation regarding the Mega Media Group founded by Internet entrepreneur Kim Dotcom.

On January 19 2012, Detective inspector Grant Wormald signed a police planning document that states Kim Dotcom has New Zealand residency.

Kim Dotcom was granted residency on November 23, 2010 and co-accused Van der Kolk holds a permanent NZ resident's visa granted in early 2011. In the same year, Kim Dotcom spent approximately $500,000 for a fireworks display in Auckland harbour to celebrate him gaining New Zealand residency.

A Special Tactics Group Request for Assistance form was made by Wormald on 19 January 2012.

On the same day, Assistant Commissioner Malcolm Burgess authorized the deployment of the STG and a special planning meeting was then held at Police National Headquarters, 180 Molesworth Street Wellington, which an undisclosed number of Government Communications Security Bureau (GCSB) operatives attended.

Presumably they would have been given a copy of the police planning document that clearly states Dotcom was a New Zealand resident at the time of the meeting.

Wormald then gave evidence in a court of law stating that apart from the police, to his knowledge there was no other agencies involved in the surveillance of Mr Dotcom.

According to John Key, the GCSB spying on Dotcom and co-accused began on 16 December 2011 and continued until the day of the raid on January 20, 2012.

On 15 August, Dotcoms' legal representative Paul Davison QC wrote to request:

Disclosure of all information (if any) provided by the GCSB to the New Zealand Police (including OFCANZ) relating to any information or data intercepted or obtained by GCSB relating to Mr Dotcom, Megaupload and any associated parties.

On 16 August, Bill English then wrote to Inspector Grant Wormald, The Commissioner of Police, Peter Marshall, and the Director of the GCSB to object to the disclosure of any information being released. When questioned by media on 25 September, English was initially unsure whether he had signed the order but later told reporters he hadn't.

It was also reported that Police Commissioner Peter Marshall signed an indemnity order which accepts potential liability if Kim Dotcom lays a claim for damages.

Also on 25 September, John Key stated that he learnt about the illegal spying on 17 September 2012 from the Director of the GCSB, Ian Fletcher. On the same day Key wrote to the Inspector-General of Intelligence and Security, Paul Neazor, to request an urgent report into the unlawful GCSB activity he told the media was a simple "mistake".

Key has stated that he previously knew nothing of the GCSB's involvement and despite 15 meetings with the Director so far this year, he was told nothing about the GCSB's investigation.

The GCSB supposedly informed the Prime Minister an entire month after the Prime Minister's deputy, Bill English tried to suppress details of the debacle being released to Dotcom's legal representatives. Key tries to put this down to a miscommunication between himself and Bill English, saying:

He was of the view that the Government Communications Security Bureau would probably inform me of that matter.

The next day John Key said:

The Government Communications Security Bureau recognised the error a few days before it told me—I think it was about 5 to 7 days before it told me.

If true, the time before the GCSB started their illegal surveillance and them realising they had acted unlawfully was nine months. Interestingly it appears that the GCSD apparently realised they had acted illegally at the same time the information was about to be released publicly.

Key also states in the house of representatives that he had received no advice on Kim Dotcom from the Department of the Prime Minister and Cabinet, the SIS, or the National Assessments Bureau in the last twelve months, despite the high profile nature of the case.

Last night, John Key stated on Close Up that if the GCSB were not involved, somebody could have been killed in the raid on Dotcom's mansion. This is despite the police planning document classifying the operation as low risk.

On the same day Paul Neazor releases his report, which states:

In my view the only issue of illegality arises in this matter from confusion in this instance between the case of a person transferring funds and the general category of residents.

The opposition are rightfully unsatisfied, and the Green's have today made an official complaint to Police commissioner Peter Marshall concerning the illegal GCSB activity.

3 News reports:

"The Neazor Report clearly concludes that the GCSB had no authority under the GCSB Act to intercept the communications of Mr Dotcom and Bram van der Kolk," says Dr Norman.

"Both the Neazor Report and the Prime Minister’s public statements have repeatedly labelled the GCSB’s actions illegal.

It would be good to see the GCSB, the Prime Minister and his deputy held to account for what is at least gross incompetence, if not a conspiracy to breach the law.

Grant Robertson on the GCSB debacle

Doctors lose power to diagnose

Today, National reported on a speech given by Paula Bennett:

Not that long after I became the Minister for Social Development, a distraught woman told me a story about her son.

Her son was about 19, he had Asperger’s syndrome, but she described him as handsome (as only mums do) and very physically fit.

He had worked since leaving school, but left after a couple of years to visit his father in Australia.

On his return she found that he had lost all motivation.

He was smoking marijuana and drifting about, doing nothing.

To sort him out she sent him to Work and Income.

In her words she thought he would get the ‘kick in the pants’ he needed and help to get a job.

She thought this would be a turning point in her son’s life.

But she came home to her son on the couch, marijuana smoke everywhere, watching TV and looking deflated.

He had been told he didn’t need to get a job - they wouldn’t be putting him forward or helping him find one - because he was entitled to an Invalid’s Benefit, and they’d start it straight away.

He told her he had no hope left because even the government didn’t think he could do anything, he felt worthless, so what was the point in trying?

That’s the message our system has been sending to people with disability or illness.

Remember, Work and Income staff had just followed the rules and made sure he got his entitlement.

This seems highly unlikely... But let's asume that there was an 19 year old male who has Asperger’s syndrome, smokes pot and has a mum who contacted the Minister of Social Development about WINZ giving her son an Invalid Benefit sometime in 2008.

Actually let's not asume she isn't lying because she is: There's usually a stand down period for people who apply for the Invalid Benefit and in 2008 there was no automatic acceptance for a person who had been working. Somebody applying for an Invalid Benefit also had to produce medical evidence of their incapacity and then be examined by a doctor appointed by WINZ.

Once you get through the Minister's waffling, it appears that Paula Bennett is proposing to use the same process as ACC to move invalid and sickness beneficiaries onto the unemployment benefit in order to save the government money. In other words WINZ case managers will decide if a person is fit for work and Doctors will lose their power to diagnose patients. The applicant can appeal, but this process has recently been exposed as a complete farce by the media, which highlighted the lengths to which corrupt specialists go to in order to decline legitimate claimants.

Despite Labour introducing a stricter application criteria, between June 2004 and 2007 the number of people receiving the invalids benefit increased by 10%. This is because when ACC got into financial trouble it was instructed by the then government to remove as many claimants as it could. National when it gained power then implemented further measures to ensure a reduction in long-term ACC claimants, which increased the amount of invalid beneficiaries by 11% to 88,134 in 2011. Many of these people had no other choice but to apply for the Invalid Benefit when their ACC payments were cancelled.

In the long run National's policy to reduce the amount of invalid and sickness beneficiaries by simply moving them onto the unemployment benefit will cost the country more and cause further hardship and suffering for the unwell. This is because without proper rehabilitation back into employment, people will spend more time on welfare. But instead of creating jobs and ensuring people are able to fulfill them, National is only concerned with blaming the victims.

Bennett's shortsightedness is therefore not morally justifiable nor beneficial to the economy.

Spooks - a law unto themselves

Today, Radio NZ reported:

High Court documents show that police assured the bureau that Mr Dotcom and his co-accused were foreigners, so it did not require a warrant to spy on them - which was incorrect.

Mr Dotcom is a New Zealand resident and it is illegal for the agency to spy on people who live in the country.

It might be illegal, but is the Government Communications Security Bureau (GCSB) ignoring the law and routinely spying on New Zealanders in breach of the Government Communications Security Bureau Act 2003 (PDF)? This question can only be answered if we first define what spying is:

Spying or espionage is generally considered to be the gathering of information on potential or actual enemies. It involves accessing secret or confidential information without the permission of the holder of that information, legally or illegally as the case may be.

In New Zealand the two main agencies responsible for spying are the Security Intelligence Service (SIS) which is in charge of the government's counter-intelligence work and the GCSB which collects and processes information for intelligence purposes. Both these agencies provide information on threats to national security and report directly to the minister holding the Intelligence portfolio, who is always the Prime Minister.

So how exactly does the GCSB gather secret information? Investigative Journalist Nicky Hagar, answers this question with his excellent book, Secret Power. Chapter Three, The Power of the Dictionary Inside Echelon, outlines exactly how the spooks gather information:

It extracts the different categories of intercepted messages (known just as ‘intercept’) from the large GCSB computer data base of intercept from the New Zealand stations and overseas agencies.  Before anything goes into this data base, the actual searching and selection of intercepted messages has already occurred—in the Dictionary computers at the New Zealand and overseas stations. All the text messages (written communications such telexes, faxes, e-mail) intercepted at the Waihopai station are fed into these computers.This is an enormous mass of material—literally all the business, government and personal messages that the station catches. The computers automatically search through everything as it arrives at the station.

So the system spies on every communication whether foreign or domestic.

It reads every word and number in every single incoming message and picks out all the ones containing target keywords and numbers. Thousands of simultaneous messages are read in ‘real time’ as they pour into the station, hour after hour, day after day, as the computer finds intelligence needles in the telecommunications haystack.

[...]

The implications of this capability are immense. The UKUSA agencies can use machines to search through all the telephone calls in the world, just as they do for written messages. Since they have this equipment to use in embassy collection, they will certainly use it in all the stations throughout the ECHELON network, including, in all probability, the GCSB stations. Anyone who makes international telephone calls needs to be aware of this capability. It has nothing to do with whether someone is deliberately tapping your telephone, simply whether you say a keyword or combination of keywords that is of interest to one of the UKUSA agencies.

All the messages intercepted at the two GCSB stations are connected by Telecom line to the Information Centre in the Wellington headquarters, sent there in unbreakable UKUSA codes. From the ‘Infocen’, they are transmitted by fibre optic cable down to the GCSB data base computers on the 12th floor. These computers are connected back up to computer terminals used by the operations staff who study and process the intercept on the 14th floor.

In this way, the GCSB through its massive database system is in fact in breach of the law all of the time. The keyword search enables them to find data of interest from all sources of electronic communications, which they're meant to then acquire a warrant from the Prime Minister to use. The spying part takes place before a warrant is issued even when a specific person is targeted.

Unbelievably a warrant lasts for an entire twelve months and gives the agency access to all real time and recorded electronic communications that individual has ever made. GCSB can also pass this information onto other agencies whenever it chooses... Talk about a massive breach of people's privacy.

Unfortunately the amount of warrants issued each year is not made public... Neither is the amount of complaints these spying agencies receive, with the Inspector General's annual report to the Prime Minister that might bring to light any inherent problems kept entirely secret. The SIS and GCSB are not bound by the Official Information Act 1982 (PDF), and its left entirely up to the Inspector General whether he investigates any complaints made under the Inspector-General Intelligence and Security Act 1996 (PDF). That Act doesn't specify a time limit for when a complaint needs to be acted upon, so there's disappointingly no proper way for the public to find out about the underhanded tactics these extensive spying agencies use.

They are effectively a law unto themselves, which is unacceptable considering the GCSB and SIS were funded by the taxpayer to the tune of $112 million in 2011.

There are no real checks or balances to ensure the spooks do not abused the system for political, business or personal gain... In fact if the recent Dotcom debacle is anything to go by, the law that's meant to bind the GCSB, which couldn't be more succinct, has been completely ignored by them and their boss.

In my opinion, anybody who believes the GCSB wasn't aware of a $500,000 fireworks display in Auckland to celebrate Dotcom gaining residency needs their heads read. What a lame excuse. It appears that they're lying to cover Key's arse who would have been all gung-ho about using his powers to placate the FBI. The other option is that our largest "intelligence" service is being run by a bunch of complete morons!

It's apparent that the GCSB routinely spies on the electronic communications of New Zealand citizens and residents. In doing so it grossly breaches our right to privacy and ignores the well defined laws it's meant to adhere to. The lack of proper oversight and avenues for redress when things go wrong shows that the current system is not operating in the best interests of the country or its people. But what's going to be done about the problem? Absolutely nothing while John Key is in charge.

GCSB Waihopai Echelon Station in New Zealand, Code Name: Flintlock