perjury

John Banks back in court

Former Auckland mayor and MP John Banks is chasing $190,000 in costs for his wrongful conviction and acquittal for filing a false electoral return.

At a Court of Appeal hearing in Auckland on Wednesday afternoon, a panel of three judges heard Bank’s lawyer argue why a High Court decision not to award his client $190,000 in costs should be overturned.

David Jones QC alleged Banks’ original trial judge, Justice Edwin Wylie, had been “duped” by fabricated evidence given by Kim Dotcom and his team. Read more »

Amanda Banks gets apology, John Banks gets $0.00

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 »

Chris Cairns will lose, even if he wins

The jury considering Cairns’ fate will resume deliberating on Monday after failing to reach a verdict on Saturday morning, NZ time.

Chris Gallavin, former dean of law at Canterbury University, said if Cairns was convicted he was likely to face jail time and have the damages awarded to him in his 2012 libel trial against former Indian Premier League chairman Lalit Modi reversed.

“The perjury is probably the least of his worries.”

Modi has issued legal proceedings against Cairns in London to claw back $5.5m in damages and costs from the libel trial, but that action is on hold until after the criminal proceedings.

Gallavin said there was one way Cairns might avoid further court action: Modi might not have to proceed with his case because the judge in the perjury trial could order Cairns to repay the $948,000 damages and costs awarded against Modi ? plus the businessman’s own substantial legal costs.

“I daresay that would destroy him financially. He’s completely in the s… if he’s convicted of this.”

And if he’s found not guilty of perjury, he faces a $5.5M defamation suit. ?? Read more »

Cairns trial gets around to the motive: he needed the money. And lots of it

Chris Cairns’s massive money troubles in the wake of match-fixing allegations have been made clear at his London trial.

The former New Zealand cricketing star’s inability to pay bills, rent and child support were raised in a police interview recording played at the Southwark Crown Court trial.

In the 2014 interview with British officers, Cairns also spoke of “conspiracy theories” and described how he had been “f***ed over”.

In the audio, the police told Cairns his former teammate Lou Vincent, as well as Vincent’s ex-wife, had claimed he was involved in fixing.

Cairns appeared exasperated as he questioned whether the allegations that had been circulating were based on those accounts.

“Do you know how much s*** I’m in financially? I can’t pay my bills, I have got rent backed up for two months,” he told the officers.

“Why didn’t someone speak to me when it broke? If you wanted clarity, I will give you clarity.

“Seriously, these are the accusations? This is why I can’t get money. This is why I can’t make a living. This is it?” Read more »

Chris Cairns, perjury and the downfall of cricket

Chris Cairns will be wishing he'd committed perjury in NZ where it is highly unlikely you will ever be charged. via Newstalk ZB

Chris Cairns will be wishing he’d committed alleged perjury in NZ where it is highly unlikely you will ever be charged. via Newstalk ZB

Without realising it, we’re almost exactly a year along on this issue. ?In September 2014, only a week and a bit before the elections, you responded to a poll with the following results

THIS LATEST CHRIS CAIRNS TWIST ON CRICKET MATCH FIXING HAS

  • not changed a thing, Guilty – 50%
  • not changed a thing, Not Guilty – 7%
  • not changed a thing, let the court decide – 21%
  • changed my mind, Guilty – 5%
  • changed my mind, Not Guilty – 1%
  • changed my mind, let the court decide – 4%
  • other – 12%

The next installment is about to play out in court, and the latest twist is that New Zealand cricketers are going to testify, and the testimony isn’t expected to favour Cairns. ? Read more »

Enforce the perjury law or ditch it

Detective Senior Sergeant Aaron Pascoe hard at work not prosecuting perjury cases

Detective Senior Sergeant Aaron Pascoe hard at work not prosecuting perjury cases

by Stephen Cook

ENFORCE THE perjury law or scrap it altogether.

That?s the no-nonsense call from Auckland barrister Chris Patterson in the wake of a startling admission from police they?re turning a blind eye to perjury because it?s too difficult a crime to prosecute.

The perjury issue has recently been making headlines following Chris Cairns? indictment in the United Kingdom in relation to a 2012 UK libel trial over alleged match-fixing.

However, in the past week the debate has shifted to the actual law itself after police here?conceded that knowingly giving false testimony under oath was an offence that was rarely prosecuted.

It?s a remarkable admission from police given the offence of perjury ? punishable by up to 14 years imprisonment ? strikes at the very core of the integrity and confidence we place in our justice system.

The use of perjured testimony not only violates due process, but it can also contribute to wrongful convictions such as that seen in the high-profile Arthur Allan Thomas murder case.

In a police job sheet from June last year obtained this week by Whaleoil, Detective Senior Sergeant Aaron Pascoe, the officer responsible for reviewing all perjury complaints in the Auckland City area, reveals the crime of perjury is not something given much attention by the Crown.

?To give? some context about how Police deal with perjury complaints, and how high the bar is set for prosecutions? two prosecutions have recently been completed to a standard ready to present to the courts and we have not received authority to prosecute,? he said. ?? Read more »

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Feel like a bit of perjury? Don’t worry you are unlikely to ever be prosecuted

Swearing an oath with fingers crossed behind back concept for dishonesty or business fraud

by Stephen Cook

THE INTEGRITY of the New Zealand justice system is hanging precariously in the balance following a startling admission from police they?re turning a blind eye to perjury because it?s too difficult a crime to prosecute.

Just weeks after former New Zealand cricketer Chris Cairns failed to appear in a London court for a pre-trial hearing on perjury charges stemming from alleged match-fixing, police here have conceded that knowingly giving false testimony under oath is an offence that?s rarely prosecuted.

It?s a quite remarkable admission from police given the offence of perjury ? punishable by up to 14 years imprisonment ? strikes at the very core of the integrity and confidence we place in our justice system.

The use of perjured testimony not only violates due process, but it can also contribute to wrongful convictions such as that seen in the high-profile Arthur Allan Thomas murder case.

In a police job sheet from June last year obtained this week by Whaleoil, Detective Senior Sergeant Aaron Pascoe, the officer responsible for reviewing all perjury complaints in the Auckland City area, reveals the crime of perjury is not something given much attention by the Crown. ?? Read more »

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Chris Cairns fail to show, perhaps he is flatting with Julian?

Chris Cairns has failed to show up in a London court for his perjury trial.

A British judge wasn’t impressed after former New Zealand cricketer Chris Cairns failed to show up for a London court hearing in his perjury trial.

Cairns has pleaded not guilty to a perjury charge stemming from a 2012 libel trial in Britain over alleged match-fixing, and is set for trial in October.

He was due to appear at a pre-trial hearing at the Old Bailey today, along with his co-defendant, Andrew Fitch-Holland, who was his barrister in the defamation case.

But Cairns’ lawyer, Simon Ray, told the court it had “escaped everybody’s attention” that Cairns had been required to attend and his client was in Australia. ? 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 »

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 »