Mona Dotcom

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. Read more »

Banksie fights back

John Banks was the victim of a Dotcom/David ‘tainted’ Fisher hit job. I well remember meeting David Fisher for lunch?at Soul Bar?to discuss some stories with him. He was totally distracted having just been up to?the?Town Hall to look at donations returns after being given the heads up from his pal Kim Dotcom. He was very excited.

Later when the verdict was handed down by Justice Wylie in the?High Court Fisher was seen to do a little jig celebrating at his big sting. Justice Wylie will have to apologise for that judgment in due course but we are seeing no apologies from David Fisher.

Meanwhile John Banks is fighting back against the legal malfeasance performed against him by crown lawyers.

John Banks has lodged a complaint against the Queen’s Counsel who prosecuted the politician for electoral fraud.

The parliamentary career of the former Act leader ended after he was convicted in the High Court for not disclosing two $25,000 donations from internet mogul Kim Dotcom to his Auckland mayoralty campaign in 2010.

The Court of Appeal then quashed the conviction after the “obsessed” detective work of Mr Banks’ wife, Amanda, who was stung by the trial judge’s opinion of her credibility when he preferred Mona Dotcom’s evidence about a lunch which was crucial to the case.

Mrs Banks tracked down two witnesses from America who corroborated her version of events and whose evidence the three appellate justices said was “likely to have changed the outcome of the trial”, if accepted.

What the three appellate judges – or Mr Banks’ lawyer David Jones QC – were not told was that Dotcom, when presented with the the evidence of the two American businessmen, changed his evidence.

Dotcom and his missus perjured themselves. Why he isn’t on charges I can’t imagine.
Read more »

Banksie gets some justice at last

John Banks has got some justice at last, though not nearly enough to cover the expenses of clearing his name against a campaign of spite run by Dotcom, David Fisher and the Solicitor-General’s own office.

Former politician John Banks has been awarded $66,200 in costs from the Crown for the Court of Appeal hearings that resulted in his acquittal for his electoral return for mayoral donations.

Mr Banks said a further application for costs of $190,000 had now been lodged in the High Court for the earlier trial which convicted him of electoral fraud before that conviction was quashed by the Court of Appeal.

The case related to donations Mr Banks received from Kim Dotcom for his 2010 mayoral campaign which were not disclosed on his electoral return and which Mr Banks claimed were anonymous.

The decision by the Court of Appeal to overturn its earlier decision for a retrial meant Mr Banks was acquitted of filing a false return.

Attorney General Chris Finlayson confirmed the Court of Appeal costs had now been resolved.

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Attorney-General Chris Finlayson can see no evil, hear no evil, but happy to cover for evil

The Attorney-General says there was nothing wrong with Crown Law’s conduct throughout the court case against former ACT leader John Banks.

Mr Banks was acquitted in May of charges relating to falsely declaring donations from Kim Dotcom over his failed Auckland mayoralty bid in 2010 and the Court of Appeal ruling he shouldn’t be retried.

Following the ruling, he called for Solicitor-General Mike Heron QC to stand down so an inquiry could be held into the case, which he called a three-year “jihad”.

Chris Finlayson, the minister responsible for the Crown Law Office, said he’d take a “careful look” at Crown Law’s management of the case.

Initially, the private prosecution was taken by Graham McCready, and the decision to go to trial was an independent judicial one, Mr Finlayson says.

“Apart from limited involvement at various stages of the case, Crown Law briefed an independent barrister to conduct the prosecution. It did so for a number of reasons, including the involvement of Mr Dotcom as a witness and the politically controversial nature of the case. Read more »

Police Complaints Authority won’t release results on Banks complaint

The Independent Police Conduct Authority has investigated how the police handled the inquiry into John Banks’ donation returns following the Super City election.

However, the findings of the IPCA will not be released publicly until the court case is finished.

The police received complaints in April 2012 alleging Mr Banks had failed to properly declare details of donations from Kim Dotcom and SkyCity as required and therefore committed a criminal offence.

Police conducted an investigation into the matter and eventually decided not to prosecute Mr Banks.

However, a private prosecution was then launched by Graeme McCready against Mr Banks and he was found guilty of filing a false electoral return in respect of the Dotcom donations.

He was convicted and sentenced to two months’ community detention and 100 hours’ community service. Read more »

Dotcom’s employment antics being revealed in court

Remember way back when I said that staff of the Dotcom’s were being ripped off and paid less than the minimum wage?

What readers don’t know is when I found out about their predicament and that of the security guards I took my concerns to Matt McCarten. I have done that before for other workers and always got action. I loathe dead beat employers who rip staff off. I thought I was doing the right thing, so I was surprised when there was no action. I couldn’t believe it at the time.

Then of course along came Dirty Politics, and Matt McCarten was there int eh forefront as the Chief of Staff for the Labour party, and still is. Of course Mana also got into bed with Dotcom and so now it isn’t a surprise at all that Matt McCaretn did nothing to help those workers because he too was in bed with Kim Dotcom.

The left-wing ratbags threw vulnerable workers under the political bus to suit their own greedy needs for power.

Now it is all playing out in court, where it isn’t a union helping these vulnerable workers but a caring business man who was approached by them to help out.

Victoria Young at the NBR reports:

An employment dispute between the Dotcoms and their former employees is dragging out as the estranged couple fight the claim.

The German giant and wife Mona are fighting allegations that they underpaid household staff employed in the Dotcom mansion.

The three household employees, Panfilo Orduna Junior, John Ryan Tactaquin and Ruth Nolasco Relleve, who have returned to the Philippines, first made public the allegations in September last year.

The allegations reported by current affairs show Third Degree are that Mr Dotcom and his wife Mona did not pay them the wages they were entitled to. The trio say that, after the raid when the Dotcoms’ assets were frozen, they worked long hours and were not properly compensated. They told the TV show they were upset that Mr Dotcom had $3.5 million to fund the Internet Party but had not settled this dispute.

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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 »

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 »

Penis captivus and Kim Dotcom

Some stories are just too much fun not to highlight

Police had to be called in to restore order after a crowd gathered to see a cheating wife and her lover locked together during sex after the rumour spread that her husband had asked a witch doctor to put a curse on her private parts.

And although medical experts say the embarrassing experience was more likely a case of ‘penis captivus’, in which the woman’s vagina had contracted too much and trapped the man’s penis, they were unable to stop the rumour and the mob had quickly assembled.

Local media said that unfaithful Sasha Ngema, 34, had reportedly been romping with toyboy Sol Qoboza, 22, at a rented apartment in the city of Johannesburg in South Africa while her husband was away on business.

Perhaps Kim Dotcom could get a witch doctor to put a curse on Mona’s private parts? ? Read more »

It’s called democracy Kim

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Failed Puppet master Kim Dotcom is trying to say that our democratically elected government is not making the tough decisions with the mandate of the voters but is controlled by America. Obviously our attacks on The Internet Party still smart as back then we said he was the puppet master both funding and controlling Laila Harre and Hone Harawira.

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