We are not surprised that Brash is angry, when we read this:
The mystery has only deepened as police stymie all attempts to disclose the file into the publication of Dr Brash's private emails.
In the latest letter rejecting a request to release the file under the Official Information Act, police have cited the need to protect onfidential informants. They have also insisted that the investigation remain open, despite a statement a year ago by outgoing police inspector Harry Quinn that the investigation was closed.
The time over which this investigation has proceeded, at snail's pace, is quite frankly an outrage. It is the sworn duty of the Police to investigate crime, without political fear or favour. This investigation now has the most dreadful stench hanging over it.
And what of Nicky Hager? We had a read of the Crimes Act 1961 the other day, and reckon that there are several possible offences which the Police could charge Hager with - here's a few:
- S228 - Dishonestly using a document for pecuniary gain - maximum penalty - 7 years imprisonment
- S240 - Obtaining by deception or causing loss by deception - maximum penalty - 7 years imprisonment
- S246 - Receiving stolen property or obtained by any other crime - maximum penalty - 7 years imprisonment
- S249 (1) (b) - Accessing computer system for dishonest purpose (directly or indirectly), causing loss to any other person - maximum penalty - 7 years imprisonment.
Doubtless there are other possibilities, and perhaps one of the legal eagles who drop by from time to time may like to comment. However it may now be academic anyway, as the Statute of Limitations may apply, such has been the time delay.
This matter does not reflect well on the NZ Police, and does nothing to dispel the perception that the police hierarchy was closer to the Labour government than most people would consider healthy. Dr Brash is well within his rights to have gone public again, and doubtless, there will be many among the government who have both a clear memory of the events, and an opinion on the Police's reluctance to do anything.