Details of the top secret international spy agency ring known
as Echelon will have to be produced after a new judgment in
the Kim Dotcom case.
The internet tycoon was also cleared to pursue a case for
damages against the police and GCSB in a judgment which has
opened the Government's handling of the criminal copyright
case for its harshest criticism yet.
The order for the GCSB to reveal top secret details came as
the High Court at Auckland ruled the spy agency would now sit
alongside the police in a case probing the unlawful search
warrant used in the raid on Dotcom's north Auckland mansion.
Chief high court judge Helen Winkelmann said the GCSB would
have to "confirm all entities"to which it gave information
sourced through its illegal interception of Dotcom's
She said her order included "members of Echelon/Five Eyes,
including any United States authority".
The Echelon network is an international intelligence network
to which New Zealand and the United States are members, along
with Australia, Canada and the United Kingdom.
The judgment also recorded Dotcom's suspicions he had been
spied on at least six weeks before the GCSB admitted to doing
so, and sought details as to whether others had been swept up
in the illegal operation.
The Crown had raised concerns about "secrecy", saying
revealing the information could "compromise New Zealand's
national security interests".
Justice Winkelmann said the concerns - which included
revealing how the GCSB worked with "intelligence allies"-
could be managed through the appointment of Stuart Grieve QC.
Mr Grieve was appointed by the court to view top secret
information and judge its relevance to the case.
The judgment also raised questions about evidence given by
Detective Inspector Grant Wormald, the officer who commanded
the raid on the mansion. It said evidence he had given about
possible "live footage"of the raid "contradicted"earlier
evidence given during the hearing.
The police were ordered to provide evidence from a senior New
Zealand officer in the US who told an internal publication he
"monitored"the raid from FBI headquarters.
Mr Wormald is also facing questions about other testimony
after he assured the court there was no surveillance other
than that carried out by police. The GCSB's illegal spying
operation later emerged.
- David Fisher of the NZ Herald