Monday 2 September 2013, 11:12 | By

Dotcom hits out as police decide not to prosecute New Zealand agency over illegal Mega spying

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Kim Schmitz

MegaUpload founder Kim Dotcom has hit out at New Zealand police after they decided not to prosecute the country’s Government Communications Security Bureau despite evidence the government agency breached the Crimes Act while spying on him and his company.

As previously reported, just under a year ago New Zealand Prime Minister John Key admitted that the GCSB “acted unlawfully” in the way it gathered communications between former MegaUpload execs before the country’s authorities, in partnership with US officials, raided the homes of four Mega bosses, including Dotcom. The PM ordered an investigation, while New Zealand’s Green Party reported the GCSB to the police.

Having investigated the claims, the police have now issued a report confirming that they found GCSB staff had indeed illegally intercepted an unspecified communication from Dotcom in breach of the Crimes Act. However, the police have said they will not prosecute because there was no proof the breach had been deliberate.

Needless to say Dotcom was not impressed, tweeting: “One law for them, another for us. Where was my ‘criminal intent’ when some MegaUpload users shared copyright infringing material? Scandal”. Meanwhile he told TVNZ: “This decision smells like conflict of interest and cover up. I didn’t expect anything but a whitewash. It’s the police investigating the police”.

Dotcom’s key lawyer, Ira Rothken, said the decision made civil action being taken by the Mega founder against the GCSB all the more important. Dotcom was given the OK to sue the government agency over the illegal spying back in March, and Rothken said this weekend: “Police not prosecuting GCSB but finding they acted illegally makes the Kim Dotcom civil case more important to hold the GCSB responsible”.

Elsewhere in Dotcom news, the Mega chief has stepped up his war of words with Prime Minister Key, who Dotcom accuses of bowing to pressure from Hollywood in allowing the New Zealand authorities to collaborate with the US on its criminal action against MegaUpload. Now Dotcom plans to launch his own political organisation in the country and compete with Key’s party in next year’s elections.

Dotcom says the new political group will launch next January, two years to the day after the US-led shutdown of MegaUpload (and a year after the launch of its replacement Mega). Responding to the news, Key told TV3: “It’s like everything we see from the guy, he’s got some very good PR people, we’ll see how it goes”. To which Dotcom tweeted: “I don’t have PR people. I’m just good at being myself. Try that Mr Key”.

Fun times.

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