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Kim Dotcom promises more bombshells in spy saga

Published: 5:47AM Wednesday September 26, 2012 Source: ONE News

Accused copyright pirate Kim Dotcom is promising more bombshells to come in his fight against extradition and illegal Government spying.

His lawyers are concerned one police officer's evidence under oath is "inconsistent".

Today in the High Court, Paul Davison QC, acting for Dotcom, said the information provided by police gave him cause for "grave and significant" concerns.

"(Dotcom) is saying there is real concern about being able to rely upon disclosures that have been made and the completeness of disclosures," Davison said.

The High Court is planning to appoint a legal specialist to determine whether the information Government spies gathered illegally on Kim Dotcom can be given to him.

Crown lawyers said some of the information had the potential to damage the nation's security interests and cannot be handed over without an "amicus" or special counsel, assessing it.

However, Dotcom's lawyers want all the information on their client as soon as possible, and have cast doubts on the reliability of the Crown or police to properly disclose it, given this week's revelations about illegal spying.

Davison said being able to view the information will inform the court as to whether the actions taken by police in searching Dotcom's house were reasonable or not. The disclosure needed to be unqualified and complete, not the progressive drip fed information received so far, he said.

"Enough is enough, is enough," Davison said.

Crown lawyer John Pike said some of the information collected by the Government Communications Security Bureau (GCSB) could not be made public, including that which identified sources or channels of information.

He proposed a senior lawyer be appointed as an amicus to go through the information passed on to police and assess whether it had the potential to affect security.

A hearing would then take place in a closed court between the lawyers involved.

Justice Helen Winkelmann said this needed to happen quickly, as the process was taking "an awfully long time". She supported Dotcom's right to complain about illegal action through the court.

'Court will see through this'

Dotcom told reporters when he arrived at court that there was "much I would like to tell you" but he had to "restrain" himself in advance of his extradition hearing.

"I will say this: The New Zealand Government has underestimated the sophistication of New Zealanders, of their media, and especially of their courts."

He said the court system was used to dealing with people lying and deceiving.

"The courts will see through this... It's in the interests of all New Zealanders that we get to the bottom of this," he said.

Today's court action wrapped up just before midday.

Key comes under fire once again

John Key has strongly rejected claims there has been any abuse of power in the Dotcom spy case.

The Prime Minister has faced another day of tough questioning from the media and opposition parties over the saga.

"What I can confirm is that I now understand that unlawful activity took place, in relation to activities and surveillance work in relation to Dotcom and one other person, that wasn't done deliberately," said Key.

Key also rejected suggestions from Dotcom that information gathered by the Government communications security bureau might have been passed on to US authorities.

"My understanding is it was used for the police raid."

Key said the US Government's bid to extradite Kim Dotcom was "a very different and separate matter".
The High Court today released a ministerial certificate signed by deputy leader Bill English authorising suppression of the bureau's involvement.

The certificate details the bureau's concerns that public knowledge of its role in the case could harm its relationship with other countries.

"That tells you that you that the GCSB has a very close relationship with the US government and they don't want to upset the US security agencies," said Green Party co-leader Russell Norman.

The Green Party says an investigation also needs to look into claims that the GCSB's spying on Dotcom started earlier than indicated.

The inquiry is expected to be completed by the end of the week.

'Embarrassing mistake'

Bill Hodge told TV ONE's Breakfast that the Megaupload case has become "a bit of a circus", and that the central issue over whether there is enough evidence to extradite Dotcom on internet piracy charges to the United States should remain the focus.

Hodge, a law professor at the University of Auckland, said Megaupload founder Dotcom has himself been involved in creating "diversionary tactics" throughout the case.

Hodge said it is possible there may be indemnity and Bill of Rights damages as a result of the unlawful bugging, but he says he "doubts it".

"It's embarrassing. I would put this latest issue in the category of mistake rather than a deliberate invasion of human rights," he said.

However, Dotcom's legal team has not ruled out pursuing legal action against the Government over the illegal security breaches.

United States-based defence attorney Ira Rothken has flown into New Zealand to join Dotcom's Kiwi lawyers in their fight to stop Dotcom from being extradited to the United States, saying that the "huge blunder" made by the Government's spy agency could work in their favour.

The Megaupload founder also tweeted: "I prefer not to sue the NZ Government. We love it here & we don't want to burden tax payers. But it's time for diplomacy. This is all wrong. "