There seems to be a serious dearth of quality judges in our district courts.
The NZ Herald outlines the rather basic errors of Judge Gittos in sending the Banks case to trial.
Jared Savage has made a good fist of the summary:
Mr Banks’ lawyer, David Jones QC, has filed a detailed memorandum which says that Mr Banks had been “vilified” in Parliament and the media as a result of Judge Gittos’ ruling, which he described as “fundamentally misstated and misdirected itself both on the evidence and law”.
He wrote that the “factual findings made, the analysis of the evidence and the resulting process by which the court came to its decision were wrong”.
In particular, Mr Jones said Judge Gittos was wrong to state that two $25,000 cheques from Kim Dotcom were personally given to Mr Banks after he flew to the millionaire’s mansion in a helicopter. Read more »