It’s not often that you should feel genuinely outraged these days. The word is overused. But in this matter, outrage is the only reasonable emotion.
John Banks’ $190,000 High Court costs bid following his acquittal of filing a false electoral return has been dismissed.
Last week, the former National cabinet minister and ACT MP’s lawyer, David Jones, QC, said it was difficult to imagine a “more worthy” applicant for court costs than the victim of “fabricated evidence.”
Mr Banks was seeking costs after the Court of Appeal last year acquitted him and ruled he should not be retried.
The Crown opposed the costs application, arguing there was no evidence that suggested what was being said by Kim Dotcom in the case arguing Mr Banks had filed a false electoral return when he was Auckland City mayor was fabricated, and the case “had to go to trial.”
Mr Banks was convicted on that charge but it was overturned by the Court of Appeal after Mr Bank’s wife, Amanda, tracked down two witnesses who had been present at a lunch held by Mr Dotcom and about which he had testified.
Mrs Banks did that after her original evidence was criticised during the High Court case.
Justice Ed Wylie last week publicly apologised to Mrs Banks after earlier questioning her credibility but in a decision today declined Mr Banks’ costs application.
It is very hard to put in words how this makes me feel. How can you be wrong enough to apologise, but not wrong enough to make restitution for a fine that was applied because of it? Read more »