Tuesday, May 19, 2015

John Banks acquitted

I have always been confident John Banks was not liable for filing a false return.  And it's incredible beyond words how it ever got to where it did.

I have congratulated him, and his QC, and will sleep well tonight, as I am sure they will.

Now for the final act: The repeal of the legislation that allows private prosecutions.

11 comments:

Angry Tory said...

Now for the final act: The repeal of the legislation that allows private prosecutions

Private prosecutions are still very useful - think Trevor Mallard!

A real final act would be to deal with the true promoters, encouragers, and beneficiaries of this witch hunt: Labour, Greens, & Unions.

Appointing Commissioner to replace the Auckland Council would be a great start - and who more fitting than John Banks?

Then, deregistering all the Unions, and Labour and Green parties, confiscating their assets, and removing their MPs and councillors should justifiably follow.

The Veteran said...

Nick ... the Solicitor-General's credibility has been hung out to dry by the Court of Appeal ... does he have any option but to resign?

Interested in your thoughts.

Adolf Fiinkensein said...

AT

No. Best put Rodney Hide in as Commissioner. He has a vested interest in sorting it out.

Nick K said...

Vet - I'll need to read the judgment very carefully. I've only read snippets at the moment. It *seems* very poor judgment at the very least, and even if it wasn't malicious that lack of judgment might be sufficient.

Nokin said...

I would be reluctant to see the end of private prosecutions but agree on limitations. McCready seems to be doing it as a business. That should stop.
I remember Gary McCormack brought a private prosecution against a log truck driver folllowing an accident. He was driven by a huge sense of injustice. McCormack was right. The police were wrong.
Although there was no private prosecution, the Black Widow was only brought to justice by the unrelenting pressure put on the police by the family. The coroners finding tipped the scales. We should always leave the door open for cases such as these. We need to close the door for the likes of Bright and McCready.

Angry Tory said...

Adolf - Half the problem is of Rodney's making, keeping Helen's design for the supercity, especially by keeping the universal franchise, not reverting to a ratepayer franchise. Rodney was told this repeatedly at the time and went with Helen's supercity designed to always have a Labour administration.

Remember for all his virtues Rodney is ex-Labour. We need someone untainted (indeed actively antagonistic to Labour, Greens, and unions) to clean up the mess.

Howie said...

"I... can't... recall..."

"He's a married man!"

Well dodgy. Keep hailing the guy as a hero though, it does your credibility good. I hope he runs for Mayor.

Psycho Milt said...

I don't find it incredible that Banks was put on trial for filing a false return - because, well, he filed a fucking false return.

As Andrew Geddis points out in a post aptly titled If you want people to believe you're honest, then it's best not to file false donation returns:

The fundamental reason why John Banks was put on trial was that he signed a return of his electoral donations for the 2010 Auckland mayoral election that was false.

Quintin Hogg said...

I read the judgment of the Court of Appeal.
The court very carefully said the decision not to disclose the memorandum reporting Mr Dotcom's change of position to the defence before the first court of appeal decision was an error of judgment leading to a process failure.
By those words the Solicitor General's hopes of judicial appointment will have come to an end and Mr Dacre QC's reputation was demolished.
I suspect the SG will be considering his position very carefully. I think it will be untenable for him to remain in the role as the governments confidence in him will be very much reduced if not extinguished.
As to private prosecutions I think the Criminal Procedure Act requirements are a useful limitation on vexatious prosecutions requiring the approval of a judge before the charging document can be accepted. This was shown in McCready's attempt to prosecute the PM over ponytail gate.

Nick K said...

Milt - no, that's not right. Under the charge Banks faced, the candidate must *know* it is false.

It has now been shown that Banks did not know it was false.

gravedodger said...

Many murder trials hinge on whether the accused "knew" their action could result in "death".

Banks made two errors, he declined to use a secret trust as his opponent did, legal at that time and then he signed the declaration that ignored what is purported to be a false statement.
Neither of those actions should have reached the courts due to precedent treatment of other alleged offences.
Had McCready not intervened and then the incomprehensible decision of Crown Law to take over the case, leaving the original decision not to prosecute in place, then it would have expired right there.
However the subsequent actions of crown Law that in the light of the omissions and errors in their conduct, led directly to yesterdays decision by the CoA to direct acquittal, makes the motivations of Heron and Dacre and others look increasingly suspect.

Yes Milt the actions of Banks to sign off has the appearance of a 'prima facie' case but the prosecution of it and the subsequent treatment afforded the affair seems to be more political than criminal.

Loathing and hatred are seriously destructive drivers in such cases. John Banks along with others to wit Mallard, Cosgrove, Key, Bennett, Cunliffe, Goff et al have the ability to engender such emotions and so much of it comes from their clear success that engenders frustration and thereby a dislike of varying degree.