Posts by DexterX
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This Stuff Article 27 Sep 2012 - Kirsty Johnston & Ian Steward - provides an outline of the next chapter .
http://www.stuff.co.nz/technology/7734184/Dotcoms-lawyers-question-police-statements
The extent of the GCSB surveillance of Dotcom, and what was passed to the United States, is not yet known.
Mr Davison said in court it was "likely" there was more material despite police assurances the GCSB only helped to locate the internet mogul and his co-accused.
Mr Davison said the litany of errors and "inconsistencies" by the Crown showed the authorities could not be relied on to provide disclosure for his client. He instead called for all of the information held by the Crown to be handed over without interference.
Justice Winkelmann said the court would appoint a legal specialist to determine whether the information gathered illegally on Kim Dotcom can be given to him.
A hearing would then take place in a closed court between the lawyers involved.
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If you look at Key - The Teapot Tapes, Casino Con Centre deal, Banks Donation Saga, his attitude - no tiolets on Planet Key, and also the KDC saga - I feel Key has set a new high watermark for dishonesty and incompetence.
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Legal Beagle: Kim Dotcom: Questions and Answers, in reply to Matthew Poole,
What evidence do you have that the "NZ resident" was in reference to his immigration status rather than his principal domicile
They OFCANZ, GCSB and the minister did not considering the matter of domicile perse - domicile does not determine residency or citizenship eligibility does. But this is not the issue. Citizenship was considered by OFCANZ.
The request made by OFCANZ for STG - which is dated 19th Jan 2012 verifies that the intelligence is accurate as at 1900 hourrs on 16 Jan 2012 with supporting files attached - notes the following:
KDC - European - Born Germany but has New Zealand Residency
For Moan KDC's wife - Philippines but has New Zealand ResidencyThe other people are described as .
Kerry McKierney - European - New Zealander
Wayne Tempero - European - New Zealander
Andrew Bowden- European - New Zealander
Marthias Ortmann - European - German Citizen
Finn Batoto - European - German CitizenThe confusion over residency is as Rich of Observantnz stated is disingenuous to put it mildly I would say it is bullshit. Did GCSB act outside the act and they did.
So they then went back and fabricated a sufficient documentary trail to cover their arses that Neazor bought it? Fuck's sake, this isn't a movie!
The answer to your question is NO - at the moment the Govt and FBI are objecting to disclosure - whether they are fabricating documents I can't say - but they are refusing to hand them over a wide range of documents on the basis of National Security interest - the warrant English signed on Keys behalf.
The items they are likely refusing to disclose on the basis of National Security are the intelligance files on all parties from the time the FBI contacted the NZ Police/NZ Govt and this goes as far back as early 2011. These files are mentioned in the OFCANZ request and the summary of the perosal information on these are in the OFCANZ request to STG..
Crown Law/The Police also released the uplifted records from teh raid to the FBI when they had no authority to - this is covered in one of the earlier judgments..
I would say rather than fabricating things OFCANZ, GCSB and The minister in charge will be looking to make them be gone or missing.
I trust this governent less than any other - it will be intereseting to see who from outside of the Govt (Crown Law, the Police) Key is looking for advice.
Failing to attend to disclosure or objecting to disclousre is a mechanism where one affects the ability of the other party to run an adequate case or challenge ones position and mor eimportantly prevents decision makers from make a decision based on all the facts of the matter.
IMHO it is likely that Key will look to do a deal with DotCom to prevent the matter going much further - pretty much how the teapot tapes saga was wrapped up - however - in the Dot Com situation - Key is at a a very real and apparent disadvantage.
Dot com shoudl tell him to piss off if Key comes knocking.
Govt phuck around with people all the time and exhaust them even when the Govt know they are in the wrong - in this siuation KDC has the resources to see his rights at law are considered and as a result we are where we are at now.
Key is an embarrasment - eventually he may be forced to resign.
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There is a very real and pressing need to start building tiolets on Planet Key.
But who gets the the job to clean them after this gets flushed out of the system, there is more to come. The disclosure thing and all.
He was disappointed in a Plymough Satelitte, Faster than the speed of light.
Ahhhahhahhahh
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Legal Beagle: Kim Dotcom: Questions and Answers, in reply to Matthew Poole,
At the seat of most major shambles are people not reading the instructions and proceeding on assumptions - that people are cognitive misers I have stated before.
I put it to you the very real possibility that to OFCANZ, GSCB and the PM it just wasn't an issue that was considered - the residency status of KDC - until it was pointed out to them by KDC's lawyers.
The direction things are going in now is just more of the cover up.
OFCANZ new KDC was a resident - they likely just didn't see it as significant - refer STG request.
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Legal Beagle: Kim Dotcom: Questions and Answers, in reply to Matthew Poole,
Neazor's report meets, to a degree, farce with farce
Well OFCANZ weren't confused - they state KDC is a NZ Resident.
First Citizen John Key is just too great everybody loves him, men want to be him, women want to be with him and his govt is divine - even you Matthew appear here to be so enamoured by his charisma that you ardently support a position that defends his shambles of an administration.
That we even find oursleves here, debating the rorts and wrongs, is a sign to me that things are rotten.
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Funny, the OFCANZ request for STG Assitance dated 9th Jan 2012 notes that KDC and his wife are NZ Residents.
It is not a mistake - it is bullshit.
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Legal Beagle: Kim Dotcom: Questions and Answers, in reply to Matthew Poole,
IMHO.
It may all starts to happen after Justice Winkleman's judgment.- should the judgement rule in favour of disclosure as sought by KDC the govt could unravel - if not Key will smirk his way through to the next election and the nation can then make the choice.
The Nazor report will not mean much.
Read s 216B Crimes act - the protection is only afforded when on is acting lawfully - s 216B (I) &(2)(iiia).
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Isn't the issue the breach of s 14.?
s 14 Interceptions not to target domestic communications
Neither the Director, nor an employee of the Bureau, nor a person acting on behalf of the Bureau may authorise or take any action for the purpose of intercepting the communications of a person (not being a foreign organisation or a foreign person) who is a New Zealand citizen or a permanent resident. -
Legal Beagle: Kim Dotcom and the GCSB, in reply to Steve Barnes,
“Big Time” now, wait till I tell Mum”
and no one tells the PM.