BREAKING: Judge apologises to Amanda Banks for getting it all wrong [UPDATED]

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John and Amanda Banks are in court today and have just heard Judge Wylie apologise for having been taken in by the Dotcom show. Had he known then what he knows now, he said, we wouldn’t have been in this mess in the first place.

There is no live reporting from the court, but Whaleoil expects to have more detail for you later.

Updated 13:26

John and Amanda Banks have returned to court today to make a submission.  Their counsel, David Jones, presented a painful summary of facts outlining a raft of errors and assumptions that ultimately led to John Banks being found guilty of something he never did.

“Mr banks comes to this court after suffering a grave injustice in this court,” Mr Jones submitted. “He is seeking recompense for being the victim of fabricated evidence. Victims of such fabricated evidence deserve recompense.”

“The Crown, when faced with false evidence still refuse to accept it, and are displaying concrete thinking when it comes to false evidence. [The] Crown has shown a blinkered approach to this case,” Mr Jones added.

It has cost John Banks his career and his marriage, but the dogged determination of Mrs Amanda Banks tracked down the witnesses who were at the meeting at the time. A second court case was held at which John Banks was acquitted.

Today, it is time for the Crown to face its responsibilities for misguiding the judge, who said after the first case that he found Kim and Mona Dotcom’s testimony to be much more believable than that of John and Amanda Banks.

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Whaleoil expects the court to award costs to the Banks, but it is not yet clear if there will be an amount awarded in excess of court cost. Any costs awarded are, of course, far outweighed by the true costs faced by the Banks in trying to defend and ultimately clear their names.

Update 13:37

Whaleoil suspects that perjury charges against Kim Dotcom will be held pending the outcome of the extradition proceedings later this year. If for some reason Dotcom manages to have his extradition quashed, he’ll likely go back to court for perjury as well as face being expelled for lying on his immigration application.

Charging Kim Dotcom with perjury or other offences now would give his legal team the excuse to claim Mr Dotcom can not be deported while facing further legal action as it would be against natural justice for him not to face his accusers personally.

In the end, Kim Dotcom has fouled his nest and is no longer welcome here.  Whaleoil had the measure of the man early on, but it has taken the courts and others a long time to have the scales fall from their eyes. Anyone who supported a convicted hacker and fraudster over people like John and Amanda Banks was simply blinded by their own politics.

 


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