I think there is a lot to thank Kim Dotcom for.
Personally I’d like to thank him for making me feel small (and there ‘aint that many people who can do that) but there is also much the country can thank him for and the most obvious is showing up the flaws in the GCSB and how our spies operate, although I think we shouldn’t thank anyone for where it’s gone from there into new legislation.
I would also like to thank Kim Dotcom for one more thing, I want to thank him for being the unwilling catalyst for the legal precedence that we will all be able to use and abuse for years to come to get out of many infringements that we made by mistake.
TVNZ reported last night that no charges would be laid against anyone at the GCSB and Detective Superintendent Peter Read told media “that in spite of the GCSB committing one breach under the provisions of the Crimes Act, no criminal “intent” by the GCSB could be established.”
The official statement by DS Peter Read was
“While GCSB staff did commit the act prohibited by section 216B of the Crimes Act 1961, they did not have the necessary intent to satisfy the elements of the offence and be considered criminally liable,”
In other words because it was a mistake, and there was no intent, no one would be liable.
So, next time you don’t intend to speed…it just accidentally creeps up, or genuinely forget to file your GST, or you infringe on a law genuinely by mistake or misunderstanding there is a legal precedence for you to say “well officer, much like the GCSB, I had no intention of committing that crime, it was an accident” and they surely must be obliged to let you off…he says sarcastically