web analytics
The Standard

Banks private prosecution begins

Written By: - Date published: 8:23 am, December 11th, 2012 - 36 comments
Categories: john banks, law and "order" - Tags:

The hearing into the private prosecution of John Banks over his ‘anonymous’ mayoral donations begins today. That the private prosecution has got this far shows the judge believes there is a prima facie case – which puts the Police to shame for failing to take Banks to court. Banks is trying to avoid taking the stand, but I don’t see how he ultimately can.

I think this is going to end badly for Banks. It’s clear as daylight that he knew he had received donations from both SkyCity and Kim Dotcom. He received the SkyCity cheque personally at a meeting called for the specific purpose of handing over the cheque. He had a phone call with Dotcom’s staff to confirm the donation had been received and to thank him. Later, Banks would identify the donation as a reason to not be seen to be associated with Dotcom when he was in jail. Yet, Banks signed a statutory declaration that noted those donations as anonymous.

If Banks goes down in this case, it’s going to get very hard for Key to keep him on as a minister (Banks’ seat won’t be automatically vacated because the offence needs to be punishable by over 2 years in prison for that). Key has repeatedly claimed that the legal test is all he is worried about. But I’m sure he’ll find a way to worm out of that.

36 comments on “Banks private prosecution begins”

  1. coronial typer 1

    I am so looking forward to this.

    Parliament is beginning to smell like Roquefort cheese.

    [lprent: Not directed at you CT. Just a general warning.

    Remember that this is front of a court. People trying to walk past the legal bounds will get a severe bans. If you want to troll, then this is not the place for it becaus ethere will be quite a lot of moderator attention focused here today.

    ]

    • aerobubble 1.1

      A man was fired for his union membership, yet there’s one minister who lost a portfolio for the Pike river mine disaster who got less work for the same pay, and it seems also that there are many civil engineers who looked over, help designed, who built or who authenticated the CTV building who have yet to see any punishment.

      Seems very weird to me, the more powerful they are, the more educated, the less they have to do despite even deaths. The less educated, the less powerful, and you’re fired.

      Insurance premiums are going to rise if there is no responsibility amongst those working in the building industry for their buildings. No wonder so many are jumping the ditch, work is so underpaid, and so easy to get fired and be exposed to downside costs (which cannot be abated by healthy wages when in work).

  2. post-colonial viper 2

    Where are the chips ? Where are the chips ?

    This beats TV.

  3. CodyHM 3

    His seat wouldn’t automatically be vacated? Forgive my ignorance but that means he’d stay as a Minister in Parliament?
    I’m sure somehow Johnny boy will keep him in – though that rather perturbs me knowing that someone convicted of a criminal offence gets to stay in Government.
    Does anyone know exactly what the charges are?

  4. TheContrarian 4

    I hope he gets fucked.

  5. marsman 5

    Who is bringing the private prosecution?

    • Graham McCready (sp?), the same person who brought the private prosecution against Trevor Mallard.

      • marsman 5.1.1

        Thank you Graeme.

      • Whaleoil 5.1.2

        Is that the same Graham McCready in court today for a pre-trial hearing on charges of blackmail?

        R v McCready before Justice Collins in Wellington…

        Why yes I think it is.

        • bad12 5.1.2.1

          Your point being???, are you suggesting that this,(supposed), appearance in another Court of the person prosecuting Bank’s in some way disqualifies the complainant from that prosecution???,

          Perhaps, (snigger), you consider Banks to be ‘a true innocent’….

          • One Tāne Viper 5.1.2.1.1

            It’s the usual witless wingnut excuse: “He did it too!”

            Except, as one would expect from the flailing, thrashing, Mr. Oil, he isn’t even comparing similar offences.

            • bad12 5.1.2.1.1.1

              LOLZ, yeah i don’t expect to hear anything from Blubber-boy that would be in any way educational or mind-changing,

              Just gave ‘it’ a wee poke looking for signs of life, deliberately left ‘intelligent’ out of that last bit as there’s no point questioning known facts…

  6. Colon Diaper 6

    I heard there will be video evidence involving liaisons with a p user

  7. burt 7

    That the private prosecution has got this far shows the judge believes there is a prima facie case

    He needs a little retrospective validation and we all need to move on… Hey if we do that and kill off the court case supporters of corrupt self serving government might say he’s the best we ever had….

  8. If Banks goes down in this case, it’s going to get very hard for Key to keep him on as a minister (Banks’ seat won’t be automatically vacated because the offence needs to be punishable by over 2 years in prison for that).

    If Banks is convicted, that will automatically result in him losing his seat. MPs lose their seats if convicted of an offence punishable by at least two years’ imprisonment. If the maximum is exactly two years’ that’s still enough.

    • burt 8.1

      That’s why we need retrospective validations Graeme – it quickly kills off pesky private prosecutions and lets the people who know the law better than us (because they wrote it) follow their own interpretation and ignore silly people who know nothing … like pesky Auditor Generals and the like….

      • That’s why we need retrospective validations Graeme – it quickly kills off pesky private prosecutions

        Section 6 of the Appropriation (Parliamentary Expenditure Validation) Act, which you appear to be discussing, provided that:

        6 Act does not affect criminal liability
        Nothing in this Act affects the criminal liability of any person.

         

        • alwyn 8.1.1.1

          Graeme Edgeler.
          A little bit off topic but if retrospective validation is being discussed I might be allowed to get this through.
          Some years ago Harry Duynhoeven took Dutch citizenship. This is (or was) grounds for losing your seat in Parliament. The then speaker, Jonathon Hunt refused to accept the notification of this and the then Government whipped through a retrospective law change so Harry could keep his seat.
          A lawyer friend of mine said, although from a very cursory reading of the law, that in his view the seat had been vacated at the moment of taking the citizenship and NOT when Parliament was informed. If this was the case the effect of the law whipped through was to appoint someone to a vacant electorate seat without a by-election. Did you ever have a look at this?

          • Graeme Edgeler 8.1.1.1.1

            I did, and thought the behaviour of the government in legislating was poor, but the decision of the Speaker to refer the matter to the Privileges Committee wasn’t as bad as many made out. The question of who gets to be a member of Parliament has always been a question of privilege (in particular, the composition privilege of Parliament), and I am confident that decision was made on advice from the Clerk.

    • Rich 8.2

      He’d be able to stand again if not actually in jail when the by-election was called, though? And I’m sure the voters of Epsom would back him to the hilt.

  9. David Viperious H 9

    But Now will be the time the Lawyers earn their money by trying to stop shonkyJohn2 getting into court, as he must know if he’s convicted, then ShonkyJohn1 won’t be able to keep him around any more. And that means no more easy taxpayer troughing for him and maybe even a fine, or gulp Jail.

    • burt 9.1

      No lawyers required… Just validate and move on – The self serving Clark administration showed the way to use parliament in the best interest of the government …..

  10. bad12 10

    Dear John,

    It’s ok you can appear in the Wellington District Court and i promise not to show up with a mouthful of vitriol explaining your short-comings as i see them in the most abusive and humiliating language i can muster as i did for your last appearance at the same venue while you were Minister of Police in a previous Government,

    Be a good little boy and show at least a modicum of testicular fortitude by fronting up at the district Court to face your accusers and answer their accusations wont you???…

    • post-colonial viper 10.1

      Err.. what is “testicular fortitude” ?

      “Intestinal fortitude” makes sense.

      • One Tāne Viper 10.1.1

        Bad12 is saying Banks hasn’t got the balls to show his face in court.

      • If someone lacks intestinal fortitude they haven’t go the guts (to do something), so presumably, someone who lacks testicular fortitude doesn’t have the balls…

  11. post-colonial viper 11

    Thanks OTV. I am still grappling with the sexual allusions of the Pakeha.

    • One Tāne Viper 11.1

      Don’t mention it. I should point out that it is not the sexual connotations of testicles that makes them an appropriate metaphor for fortitude, but rather their function as a source of testosterone.

    • bad12 11.2

      No need for me to answer that particular query then as it has been so abley addressed by other comments,

      I was at the Wellington District Court on Banks previous appearance and had the pleasure of being able to directly address the then Minister of Police directly while He awaited the Judge,

      Upon being called to the dock Banks showed a definite lack of any sort of fortitude and there was a few seconds of physical grappling as Banks tried, (and failed), to manhandle His Police liason officer Inspector Sharky into the dock ahead of Him as if in some way Sharky shared His guilt,

      Like all ‘newbies’ to the Court process Banks looked terrified at having to enter the dock and plead…

Recent Comments

Recent Posts

1 2 3 7

  • John Key now admits no broad support for RMA changes
    John Key has now been forced to admit that he never had the broad political support to gut the Resource Management Act, says Labour’s Environment spokesperson Megan Woods. “Cornerstone legislation such as the RMA should never be changed without genuine… ...
    12 hours ago
  • National’s changes leave student bodies in chaos
    The chaos created by National’s scrapping of compulsory student association membership may force the 86-year old Union of Students Association to fold, Labour’s Tertiary Education spokesperson David Cunliffe says. “National’s 2011 Voluntary Student Membership Act has left student associations with… ...
    13 hours ago
  • Tragedy must be impetus for better training
    The Police Minister needs to explain why unsworn and inadequately trained custody officers were put in a situation of caring for a medically unwell prisoner on a busy Saturday night, Labour’s Police spokesperson Kelvin Davis says. Commenting on an IPCA… ...
    3 days ago
  • Government must be more transparent on investor state clauses
    The Government must be more transparent around the draft investor state dispute settlements in the TPPA, says David Parker, Labour’s Export Growth and Trade spokesperson. “Labour is pro trade, and is proud of the FTA we negotiated with China, which… ...
    4 days ago
  • Protect university staff and student voices
    The Green Party believes ensuring student and staff representation on university councils is important. National recently passed a law reducing the size of university governance councils while increasing the proportion of the members nominated by, guess who… Steven Joyce. The… ...
    GreensBy Gareth Hughes MP
    4 days ago
  • C’mon Nick what’s the truth on the RMA
     “Nick Smith has got to fess up and tell us what is happening to his much vaunted RMA reform, Labour’s Environment spokesperson Megan Woods says.  “With just a day and a half to go before the polls open in Northland,… ...
    4 days ago
  • SSC salaries sink National’s spending spin
    Massive pay rises at the State Services Commission prove National’s claims of clamping down on spending in the public sector are simply fantasy, Labour’s State Services spokesman Kris Faafoi says. “Salaries in this one department are almost $70,000 more than… ...
    4 days ago
  • We can fix Christchurch and keep our assets
    The Christchurch City Council is seeking public feedback on its proposed 10 year plan for Council revenue and spending. This is probably one of the most significant 10 year plans ever to be written by a local council because of… ...
    GreensBy Eugenie Sage MP
    5 days ago
  • Epidemic of serious assaults in our prisons
    Labour wants stab proof vests and pepper spray for all corrections officers to keep them safe from the epidemic of serious prison assaults that are occurring around the country’s jails, says Labour’s Corrections Spokesperson Kelvin Davis.  “There have been five… ...
    5 days ago
  • Listen to the locals Hekia!
    Minister Hekia Parata needs to understand what consultation is, Port Hills MP Ruth Dyson says. “It means you have to listen to what people say in their submissions and then be able to demonstrate you have considered their views when… ...
    5 days ago
  • Thanking our caregivers
    Let’s celebrate and thank our caregivers. This week is caregivers’ week. It’s a chance to acknowledge the thousands of women, and occasional other person, who are caring for the elderly and disabled in our country. They hold people’s lives in… ...
    GreensBy Jan Logie MP
    5 days ago
  • Mana Post shop the best outcome for community
    Labour MP for Mana Kris Faafoi has welcomed the move to place the services from the Mana Post shop to a local small business. “This is the best outcome for the community we could ask for. All the vital services… ...
    5 days ago
  • Labour looks to put the tea back into entitlements
    Labour is moving to restore the rights of Kiwis to take tea and rest breaks, Leader Andrew Little says. “Within months of the Government’s Employment Relations Amendment Bill becoming law we are already seeing some of our largest companies, including… ...
    6 days ago
  • Desperate money grab to keep Ruataniwha afloat
    The Hawke’s Bay Regional Investment Company’s decision to borrow $4 million to keep the Ruataniwha project afloat is a case of throwing ratepayer’s good money after bad, says Labour’s Water spokesperson Meka Whaitiri and Napier MP Stuart Nash.   “This bridging… ...
    6 days ago
  • Roundup: UN finds it “probably” causes cancer
    At last the UN has spoken out against the widely-used weedkiller Roundup. The UN’s International Agency for Research on Cancer has identified glyphosate, the principle ingredient in Roundup, as a probable carcinogen. They also include as probable carcinogens the insecticides… ...
    GreensBy Steffan Browning MP
    7 days ago
  • Invermay petition delivered to Parliament
    Labour’s Economic Development spokesperson David Clark handed over a 12,450 signature Save Invermay petition to Dunedin South MP Clare Curran on the steps of Parliament today.  “The level of support that the petition has received across New Zealand is overwhelming,”… ...
    7 days ago
  • Redcliffs School closure plan wrong
    The Government’s proposal to consult on the closure of Redcliffs School not only goes against the best geotechnical advice, but more importantly goes against the best educational outcomes for Redcliffs children and the health of our community, Port Hills MP… ...
    7 days ago
  • Cotton On first to test the tea breaks law
    Australian corporate Cotton On, the first major business operating in New Zealand to exploit the new tea breaks law, could walk away from negotiations if it doesn’t get its own way, says Labour Party Labour Relations spokesperson Iain Lees-Galloway.  “Cotton… ...
    1 week ago
  • World water day: eight rivers in one day
    Our photo journey started by the Waioweka (also known as Waioeka) River which flows from Te Urewera to Opotiki, and is surrounded by beautiful forest. The water looked great! Kopeopeo Canal It contrasted greatly with the Kopeopeo Canal near Whakatane,… ...
    GreensBy Catherine Delahunty MP
    1 week ago
  • Council can stop Port’s encroachment on harbour
    As owner of the Port of Auckland, Council can stop the wharf extension and reclamation if it wants to, says Labour’s Auckland Issues spokesperson Phil Goff. ‘As owner the council is custodian of the port and harbour on behalf of… ...
    1 week ago
  • We all benefit when education meets everyone’s needs
    As Dyslexia week comes to a close,  Dyslexia NZ have reminded us that around 10% of our citizens are dyslexic and are entitled to better support. One of their strongest arguments is that failure to provide identification and support for… ...
    GreensBy Catherine Delahunty MP
    1 week ago
  • Big change starts small
    Today marks Race Relations Day in New Zealand. Race Relations Day coincides with the International Day for the Elimination of Racial Discrimination.  The United Nations General Assembly chose this day as it marks the day in 1960 when 69 peaceful… ...
    GreensBy Denise Roche MP
    1 week ago
  • Israel, Palestine and the question of statehood
    The knife-edge election in Israel complicates the Middle East situation, even more than usual. The Prime Minister-elect, Binyamin Netanyahu, is moving to form a government. Netanyahu has indicated that, during his term, a Palestinian state would not be established. That… ...
    GreensBy Kennedy Graham MP
    1 week ago
  • Christchurch transport goes backwards
    The Green Party has a vision of a liveable, accessible Christchurch with a sense of identity and strong connected communities. Instead, 2013 census figures released by Statistics New Zealand reveal a fractured community, and tell a story of frustrated Christchurch commuters… ...
    GreensBy Eugenie Sage MP
    2 weeks ago
  • Super Fund should divest $140 million in high risk coal
    The Green Party is calling on the New Zealand Super Fund to divest their $140 million investment in coal companies that are vulnerable to becoming financially stranded according to a damning new report from Oxford University. The Smith School of… ...
    GreensBy Russel Norman MP
    2 weeks ago
  • Learn to count with Mark Osborne: 0 + 1 = ?
    The adage about the first casualty of war being truth is one that might often be applied to the political battle for hearts and minds, and of course votes. A rather unfortunate example of this has been arriving in the… ...
    GreensBy David Clendon MP
    2 weeks ago
  • Is it still a safety net when the holes are this big?
    Over the last few weeks I’ve been wondering how safe our income support system is for people, especially those with cognitive or learning disabilities. I’ve been trying to support a young man who was severely injured in a workplace accident… ...
    GreensBy Jan Logie MP
    2 weeks ago
  • Pasifika – protecting the Pacific needed now more than ever.
    Over the weekend thousands of Aucklanders flocked to celebrate our city’s diverse Pacific communities and cultures at the annual Pasifika festival and the Greens were there to join them. The Pasifika festival has been held every year for 23… ...
    GreensBy Denise Roche MP
    2 weeks ago
  • Sounds Stakeholders Seek a Sustainable Future
    It was heartening to see a large number of people who care about the Marlborough Sounds come together at the Marlborough Marine Futures’ forum in Picton on March 8. Fellow Green MP Steffan Browning, who lives in Marlborough, and I… ...
    GreensBy Eugenie Sage MP
    2 weeks ago
  • Solid Energy, who will clean up the mess?
    What can you say? This state-owned coal miner is facing some very serious problems. They haven’t run a profit in years, have required two Government bailouts, laid-off more than 700 staff and look like they need a third injection of… ...
    GreensBy Gareth Hughes MP
    3 weeks ago

Removed at the request of The Daily Blog.
Public service advertisements by The Standard

Current CO2 level in the atmosphere