I know they lied. Â Others know they lied. Â But for some odd reason the judge in the John Banks “Dotcom donation” case found the testimony of Mr and Mrs banks dodgy. Â He went as far as to say Mona Doctom was especially credible.
You have to wonder what he was on.
And now, it turns out, additional documentation to back up a serious breach in legal protocol that is behind the call for the retrial to be thrown out.
A retrial was set for July but Mr Banks’ lawyer, David Jones, QC, is now seeking to have the charge dismissed after receiving a document which he said “contradicts all the evidence given at trial” by the Dotcom witnesses and makes the Crown case “untenable”.
Last week, he received fresh material from the Crown about the contentious lunch at the Dotcom mansion which has been released to the Weekend Herald by the High Court.
The memorandum was written by lawyer Rowan Butler who was instructed by crown prosecutor Paul Dacre, QC, to interview Kim Dotcom about the affidavits filed by the two American businessmen before the Court of Appeal hearing.
The pair said they arrived in New Zealand on June 5, 2010 and were taken to Dotcom’s Coatesville mansion, where they had lunch with Mr and Mrs Banks and Dotcom and his wife Mona. Nothing about electoral donations was discussed, according to their affidavits.
The court was in possession of this at the time of the trial. Â It is consistent with the Banks’ testimony, and it is consistent with what we’ve learned from the appeal that quashed the conviction and order a retrial. Â Read more »