Poor Waihopai spybase saboteurs welcome lawsuit

The damaged satellite dome at Waihopai satellite communications interception station. Photo / Tim Cuff

The acquitted Waihopai spybase saboteurs have welcomed news the Crown may try to sue them for $1.1 million for the damage done to government property, despite having about $1000 between them.

After today ruling out appealing their acquittal, Solicitor-General David Collins said he would look at suing teacher Adrian Leason, 45, Dominican friar Peter Murnane, 69, and farmer Sam Land, 26, for the damage they caused to the Government Communications Security Bureau (GCSB) base in Marlborough's Waihopai Valley in 2008.

Last month a jury found the three not guilty of charges of burglary and wilful damage.

Despite admitting their actions they argued they had "claim of right" to attack the base and believed they were acting lawfully.

The three, acting under the umbrella of the Ploughshares movement, said they were saving lives in Iraq by disrupting satellite eavesdropping and were acting for the greater good.

Mr Leason told NZPA it was a "curious approach" by the Crown to seek damages, one that smacked of sabre rattling and reassuring the public it was trying to keep them safe.

He was not aware of a similar case where having failed in court, the Crown then resorted to pursuing civil action. "There is a little bit of a sense of bad losers or cry babies," he said.

He estimated the total wealth between the three would be a little more than $1000.

Mr Leason said the group had never seen any documentation that specified a $1.1m bill to replace the dome.

The group had obtained a "guesstimate" from a New Zealand engineering firm of about $100,000 for a replacement.

The case would very likely come to nothing, he said.

"If they want to pursue us we welcome the opportunity to keep the Waihopai Spy Base at the centre of public attention, and to keep the conversation going; do we really want one of these in our country?"

Solicitor-General David Collins QC said the Crown was not able to appeal the trio's not-guilty verdicts in the District Court in Wellington.

But he said the Crown would be asking the Ministry of Justice to consider a law change that would see a similar case in the future going the other way.

He said an accused person can argue they acted without "claim of right" and it is up to the Crown to prove that they knew they were breaking the law at the time.

"The Solicitor General has concluded that the case raises serious questions about the appropriateness of the Crown being required to prove that an accused acted without claim of right being used in similar circumstances in the future," a statement from his office said.

Prime Minister John Key talked about a law change last month.

A spokesman for Justice Minister Simon Power said the Justice Ministry had been instructed to review the relevant law regarding the claim of right and Cabinet could determine whether the Act should be amended.

A preliminary report was expected within six weeks, he said.