John Banks

Another chance for Kim Dotcom to choke on his sauerkraut

Not only was John Bank’s guilty verdict set aside, his lawyer is now arguing that a 2nd case isn’t needed.

John Banks wants the Court of Appeal to recall its decision ordering a retrial on his charge of falsely declaring donations from Kim Dotcom anonymous.

In the latest in a ongoing legal saga, Banks’ lawyer David Jones QC has lodged an application with the Court of Appeal, asking it to throw out its judgment, Mr Jones’ office has confirmed.

Following a two-week trial in the High Court last year, Banks was found guilty of falsely declaring two $25,000 donations to his 2010 failed Auckland mayoralty bid as anonymous when he knew they were from Mr Dotcom.

The former ACT leader appealed his conviction after detective work by his wife Amanda Banks pulled up new evidence from two American businessmen who disputed that donations were discussed at Mr Dotcom’s mansion. Read more »

Face of the day

John Banks

John Banks

John Banks is seeking to have a second trial for filing a false electoral return thrown out after the discovery of evidence which the Crown failed to disclose to his QC…

…Last week, he received fresh material from the Crown about the contentious lunch at the Dotcom mansion…
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.

This is at odds with evidence given at the trial, where the Crown contended the lunch was held on June 9, 2010 and the presence of the Americans was denied by the Dotcoms, as well as their bodyguard Wayne Tempero.

The defence was able to prove at the trial there was no lunch on June 9, because Mr Banks was campaigning and Mrs Banks was at work.

In finding Mr Banks guilty, Justice Edwin Wylie said Dotcom was a good witness but he was wrong about the date of the lunch and ruled it must have happened on June 5.

But when interviewed by Mr Butler about the new affidavits before the Court of Appeal hearing, Dotcom accepted the evidence of the US businessmen – including that donations were not discussed at the June 5 lunch. Instead, he said there was a second lunch – again on June 9 – at which the donations were discussed.

The interview with Dotcom was never disclosed to Banks’ legal team before the Court of Appeal hearing.

His lawyer has filed a memorandum to the High Court seeking a hearing to have the charge against Mr Banks dismissed for lack of evidence.

The newly disclosed material contradicts all the evidence given at trial by the Dotcom witnesses, wrote Mr Jones.

“It has never been part of the crown case nor has there been any prior suggestion that there were two lunches within a matter of days of each other, at which both Mr and Mrs Banks were present,” wrote Mr Jones…

– NZ Herald

 

Lenny No Mates

Len Brown has no mates, despite his protestations.

Auckland Mayor Len Brown has lost the backing of key members of his campaign team, who are turning their attention to other left-leaning candidates at next year’s local body elections.

The Herald has learned of a meeting last month where key campaign and mayoral advisers delivered the “blunt message” to Mr Brown that he has no chance of winning and should step down.

Mr Brown was told he would receive no financial backing, political support or volunteers to erect billboards and deliver pamphlets for a campaign where his sex life would be centre stage.    Read more »

Judith Collins on the witch hunt against John Banks

Judith Collins writes in the Sunday Star Times:

PRIVATE PROSECUTIONS are an important constitutional safeguard against corruption and official indifference. New Zealand is one of the few countries to allow private prosecutions for criminal charges where the police have found there should not be a prosecution.

Before police bring prosecutions they need to consider the prosecution guidelines. These focus on the evidence, the public interest, in other words, is it worth it? Is it likely to result in a conviction? Is it a sensible use of resources? What will be achieved?

Private prosecutions don’t have that safeguard, though others exist. In 2000 when the Law Commission looked at the issue, they gave an example of vengeful and vexatious motives by a serial stalker who mounted private prosecutions against 2 of his victims alleging they obtained protections order on perjured evidence. Fortunately, for his victims, he forged the signature of a JP and ended up being convicted on forgery and uttering forged documents. Karma.

It is astonishing what people will say in court proceedings and in sworn affidavits…when you line them all up, from different courts, along with sworn testimony you can clearly see the perjury…getting judges to entertain actually looking at it is hard though.

Now we have John Banks. His career and reputation have been destroyed from a private prosecution alleging he knew details of donations from Kim Dotcom for Bank’s 2010 mayoral campaign. Dotcom lamented the fact Banks, then a minister of the Crown, wouldn’t help him when Dotcom was in Mt Eden Prison. If Banks had tried to help Dotcom, he would have committed a serious offence under the Corrections Act and breached the Cabinet manual.

Donations are a difficult business in politics. Old school National MPs never knew who donated to them – When he was a National MP, Banks would have been no exception. When the law changed around anonymous donations it opened politicians to donor pressure. Banks came under that pressure from Dotcom.

Read more »

Hard evidence uncovered that Dotcom and witnesses lied at trial

I know they lied.  Others know they lied.  But for some odd reason the judge in the John Banks “Dotcom donation” case found the testimony of Mr and Mrs Banks dodgy.  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 problem with 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.   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.   Read more »

July 6 for farcical re-trial of Banksie

Quite how the Crown is going to carry on this case now that the three star witnesses have been shown to be less than honest is beyond me, but they are going to give it a go on July 6.

one would hope that John Banks is going to request to see all the evidence they have after Dotcom, his estranged missus and bodyguard have all been shown up.

There is already one High Court judge left red-faced over this debacle I doubt there will be another so willing to believe a fat German crook and his paid for hench-people.

John Banks will get a second shot at clearing his name when he faces a retrial in July on charges he falsely declared donations from Kim Dotcom as anonymous.

The former ACT leader and Epsom MP appeared in the High Court at Auckland on Wednesday where Justice Graham Lang set down a retrial date of July 6.

Banks has been remanded at large until the trial.    Read more »

Banks retrial complete waste of money

John Banks is to face re-trial with the Solicitor-General recommending proceeding to trial.

Former Act Party leader John Banks will face a retrial for filing a false electoral return, Solicitor-General Mike Heron, QC, has confirmed.

Mr Banks was convicted in the High Court last year after not disclosing donations from internet mogul Kim Dotcom to his Auckland mayoralty campaign in 2010.

Last November the Court of Appeal overturned his conviction and ordered a new trial.

But the decision had to be confirmed by the Solicitor-General. Last night, a Crown Law spokeswoman said Mr Heron had made that decision.

No date has been set. The issue will go to the High Court in Auckland on Tuesday.

Neither Mr Banks or his lawyer, David Jones, QC, could be reached for comment last night.   Read more »

Boag snatch to fund Sky City blowout?

boag-grinch

There’s a new candidate for who is paying Michelle “The Boagan” Boag and her offsider Cedric “Senile” Allan for their campaign to snatch $2.1 billion in Vector shares from the people of Auckland and South Auckland to give to Lyin’ Len Brown’s council.

Whaleoil still doesn’t quite believe it but it’s overloading the tipline so here goes: The theory is it’s SkyCity casino. Here’s why it could be true.

Since Friday SkyCity has been saying it needs another $130 million from the government to build its new National Convention Centre. Or else it’ll pull out of the deal. The government has to make the SkyCity deal work because all the rest of its convention centre plan is falling apart.

Steven Joyce seems to be saying he’ll open up some of his trough but not for the full $130 million and wants Auckland ratepayers to front up with the rest.  

In a world first, everyone from Lyin’ Len to Dick Quax have lined up and told Joyce to shove it. (The one exception is Cameron “Mr Fiscal Responsibility” Brewer who sounds like he’s had too many nights in the SkyCity corporate box.) Read more »

Who is paying for the Boagan’s $2.1 BILLION snatch?

business woman with lots of money

Everyone smart is running a mile from Michelle “The Boagan” Boag’s plan to snatch $2.1 billion in Vector shares from Aucklanders and South Aucklanders to give to Lyin’ Len Brown for him to build his trainset.

But one question is still be to explored. Who is paying The Boagan, 60? And who is paying her offsider Cedric “Senile” Allan, 102?

These people don’t do anything for free. The Boagan even got Doug Myers to pay her when she was running for National Party President.

The tipline is running hot with theories. Read more »

The Boagan signs up Brian “Opinion-for-Hire” Rudman

rudman

By now, regular readers will know all about Michelle “The Boagan” Boag’s campaign to steal $2.1 billion from the Auckland Energy Consumer Trust to give to her new friend Lyin’ Len Brown so he can build his trainset a bit earlier than planned.

But remember, this is The Boagan we’re dealing with here. Her campaign is going about as well as when she got caught videoing the Winebox Inquiry, or when she made Bill English leader of the National Party, or the Blackheart America’s Cup fiasco, or her “help” in John Banks’ mayoral campaign …

If The Boagan’s involved you don’t have to wait long for a fiasco.

And so it has happened again.

Of the original Ten Dwarfs, The Boagan recruited to her $2.1 billion snatch, it turns out some didn’t even know they were meant to be involved.

The original Ten Dwarfs were:

  1. Kim Campbell – from the Employers’ and Manufacturer’s Association
  2. Michael Barnett – from the Auckland Regional Chamber of Commerce
  3. Tony Garnier – from the Auckland Business Forum
  4. Stephen Selwood – from the NZ Council for Infrastructure Development
  5. Barney Irvine – from the Automobile Association
  6. David Aitken – from the National Road Carriers Association
  7. Heather Shotter – Committee for Auckland
  8. Cameron Pitchers – from the Campaign for Better Transport
  9. Connall Townsend – from the NZ Property Council
  10. Jeremy Sole – NZ Contractors Federation

Whaleoil’s spy at the big meeting to plan The Boagan’s campaign say as soon as they got wind of what she planned, Barney Irvine, Connall Townsend, David Aitkin and Jeremy Sole decided not even to show up.

Tony Garnier did show up but made clear he was there only to listen and wasn’t signing up to anything. Stephen Selwood turned up and spoke strongly against The Boagan’s $2.1 billion snatch.

Now the tipline is running hot with news Michael Barnett of the Auckland Chamber of Commerce had his eye off the ball and didn’t really know how he was being used by The Boagan. His board is furious. They knew nothing about the snatch.

Even the Boagan’s old winebox mates at Russell McVeagh weren’t impressed either when they found out they were being asked to unleash the legal dogs of war against AECT.    Read more »