Dotcom 2 Banks 0
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- Date published:
8:06 am, June 6th, 2014 - 88 comments
Categories: act, john banks, national, same old national -
Tags: kim dotcom
Justice Wyllie’s decision has been released and if you have ever worried about the independence of our Judiciary this decision should remover all concerns. He has drafted a simple yet comprehensive review of the evidence and his conclusion is IMHO logically faultless and damning of John Banks.
Essentially Justice Wyllie believed Kim Dotcom, his former wife Mona Dotcom and his former Security Guard Wayne Temporo in their description of how Dotcom promised a donation of $50,000 to Banks’ campaign and then at Banks’s suggestion split the donation into two cheques of $25,000 each and Wylie clearly did not believe John Banks. He also decided that Banks’ hiding of the source of the donations from his treasurer meant that he knew the return would be false in a material particular or that he refused to check it because he knew that if he did he would notice the return was not correct.
Wyllie obviously preferred Dotcom’s and his supporters’ evidence about the circumstances of the donation.
[121] Having considered the evidence in its totality, I am satisfied that Mr Dotcom’s recollection of the discussion that he had with Mr Banks at the lunch was, in all essential respects, true and I accept it. Mr Dotcom’s recollection was supported by Mrs Dotcom and by Mr Tempero and I accept their evidence as well. The evidence of Mr Dotcom, Mrs Dotcom and Mr Tempero is broadly consistent with MrBanks’ police interview. It is also supported by the limited contemporaneous documentation. Both cheques were drawn on the Megastuff Limited’s account. They were consecutive cheques. There was no good reason why Mr Dotcom would have drawn two consecutive cheques, both for $25,000, rather than one cheque for $50,000, unless he was asked to do so. Mr Banks, in his police interview, said that he thought $25,000 “about right” to ask, and that if Mr Dotcom wanted to give him more, he could “with other entities”. This was not, however, what happened. Both cheques were drawn on the same company – Megastuff Limited. In my view, it is reasonable to infer that Mr Banks requested that the donation be split into two, so that they did not stand out and so that the donations would be consistent with other donations of $25,000 that his campaign team was endeavouring to solicit.
To back up Dotcom’s evidence was the evidence of his lawyer Greg Towers. Lawyers are trained to be accurate about things such as records of telephone conversations and Towers obviously has lived up to this training.
[128] Finally, and most importantly, there was evidence from Mr Dotcom’s solicitor, a Mr Gregory Towers. Mr Dotcom was arrested in January 2012. He was placed in Mt Eden Prison. He has a bad back and the prison environment was aggravating the situation. He wanted his own mattress from the Coatesville Mansion. He asked Mr Towers to seek assistance from Mr Banks as the MP for Epsom, in which Mt Eden is situated. Mr Towers gave evidence that on 8 February 2012, he had a half-hour telephone discussion with Mr Banks. Mr Towers said that, prior to that conversation, he had not been aware that Mr Dotcom had provided Mr Banks any electoral support. He said that he rang Mr Banks to ask him, as the MP for Epsom, to try and arrange for the Department of Corrections to provide better bedding for Mr Dotcom. He said that Mr Banks told him that as much as he wished to publically support Mr Dotcom, it might backfire on Mr Dotcom if “it b/comes known about election support etc”. Mr Towers recorded this comment in a contemporaneous file note. He was confident that he had recorded the words that were spoken to him as best as he could. There was no evidence of Mr Dotcom having provided any other “election support” for Mr Banks … I was satisfied that the discussion recorded in the file note could only have been a reference to the $50,000 donation by Mr Dotcom to Mr Banks’ 2010 mayoral campaign. In my view, Mr Towers’ evidence, and the file note, was compelling evidence, from a witness whose testimony was unimpeachable, that Mr Banks knew that the donations had, in fact, been made by Mr Dotcom. It was also consistent with Mr Dotcom’s version of what was said at the lunch on 5 June 2010.
The Judge did not believe Banks’ assertion of a conspiracy against him.
[131] I do not accept Mr Jones’s submissions in this regard:
(a) First, I watched each of the Dotcom witnesses carefully while they gave evidence. I did not notice anything in their demeanour to suggest that they were not telling the truth. I considered that each of the Dotcom witnesses (other than MrMcKavanagh) was straightforward in giving evidence. As I have already noted, with the exception of Mr McKavanagh, I consider that they were reliable and credible witnesses.
Mr Dotcom, in particular, was, in my view, a good witness. He answered questions about his criminal history frankly and openly. He did not obviously seek to “gild the lily” in giving evidence and there was no artifice that I could detect.
I accept that, in some respects, MrDotcom’s evidence was undermined by other evidence given in the course of the hearing. For example, Mr Dotcom was asked whether he had ever said that he would bring down the Government, and destroy Mr Banks. He replied that he had never said this, although he did acknowledge his dislike of the current Government. He said, in effect, that he holds it responsible for what he considers to be illegal spying, and for cooperating with the authorities in the United States in regard to his arrest in this country and the attempts to extradite him. Mr Dotcom’s assertions were directly contradicted by evidence given by Mr Mark Mitchell, the MP for Rodney. I accept Mr Mitchell’s evidence. However, this did not, in my judgment, detract from the balance of Mr Dotcom’s evidence.
By way of further example, I also consider that Mr Dotcom and Mr Tempero (under cross-examination) and Mr McKavanagh (in his evidence-in-chief) erred when they said that the cheques were signed on the same day as the luncheon meeting. In my view, however, this does not support the suggestion that they fabricated their evidence in its totality. It is trite law that witnesses may be mistaken about some details, yet be honest and otherwise reliable witnesses. As I noted above, it was understandable that the witnesses will not have perfect recollection of the detail of events which occurred some four years ago.
(b) Secondly, I record that each of the Dotcom witnesses was subject to fierce cross-examination. With the exception of Mr McKavanagh, none of them buckled under that pressure to any significant extent.
Wayne Temporo was highly respected by the Judge …
Mr Tempero struck me as a particularly strong and independent person, who would not readily accede to a request from Mr Dotcom to become part of a conspiracy.
Mr Tempero ceased employment with Mr Dotcom in 2013. The two are now at loggerheads. The evidence disclosed that Mr Tempero has, until recently, been the subject of a “gagging order” obtained by Mr Dotcom, preventing him discussing employment issues he has with Mr Dotcom.
The Judge’s conclusion was clear.
[134] Having considered all of the relevant evidence that I considered to be reliable, I was satisfied beyond reasonable doubt that the return of electoral expenses was false in a material particular, because the identity of Megastuff Limited as a donor to the mayoral campaign was not set out in the return of electoral expenses transmitted to the electoral officer, notwithstanding that Mr Banks knew about the two donations, each of $25,000, made by Megastuff Limited on behalf of Mr Dotcom.
The Judge decided that failure to declare the Sky City donation did not constitute an offence.
[146] It is unfortunate that Mr Hutchison did not check the position with Mr Banks. He should have done so. It is even more unfortunate that Mr Banks did not give rather fuller instructions to Mr Campbell and/or to Mr Hutchison. Nevertheless, I cannot exclude the possibility that Mr Hutchison interposed with his own (erroneous) judgement about whether the SkyCity donation should be treated as being anonymous. It follows that I cannot be sure that Mr Banks actually knew that the return was false in this regard at the time it was transmitted. Mr Banks might have thought that Mr Hutchison knew enough to record that the donation came from SkyCity, and he might have abstained from further inquiry when he signed the return, simply because he was careless and not because he knew what the answer was going to be. As noted by the Court of Appeal in Crooks, that is not enough to establish wilful blindness.
But he concluded that Banks had engineered a situation where a false return would be prepared and he then signed it.
[153] I consider that, in relation to the Dotcom donations, Mr Banks engineered the situation. He had the opportunity to check the returns. He refrained from doing so. Rather, he sought to insulate himself from actual knowledge of the falsity of the return by seeking an assurance from Mr Hutchison.
[154] I am satisfied, beyond reasonable doubt, either:
(a) that Mr Banks had actual knowledge that, at the time he signed it and at the time it was transmitted, the return of electoral expenses was false in a material particular in relation to the Dotcom donations, because he knew that he had not given to Mr Hutchison or anybody else in the campaign team the information that was required if the return was to be accurate, or(b) that Mr Banks deliberately chose not to check the return to see whether the Dotcom donations were properly disclosed, because he had no real doubt as to what the answer was going to be, and because he wanted to remain in ignorance.
Dotcom has this unnerving ability to collect political scalps. I wonder who will be next?
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- The case for cultural connectednessA recent report generated from a Growing Up in New Zealand (GUiNZ) survey of 1,224 rangatahi Māori aged 11-12 found: Cultural connectedness was associated with fewer depression symptoms, anxiety symptoms and better quality of life. That sounds cut and dry. But further into the report the following appears: Cultural connectedness is ...5 days ago
- Useful context on public sector job cutsDavid Farrar writes – The Herald reports: From the gory details of job-cuts news, you’d think the public service was being eviscerated. While the media’s view of the cuts is incomplete, it’s also true that departments have been leaking the particulars faster than a Wellington ...5 days ago
- Gordon Campbell On When Racism Comes Disguised As Anti-racismRemember the good old days, back when New Zealand had a PM who could think and speak calmly and intelligently in whole sentences without blustering? Even while Iran’s drones and missiles were still being launched, Helen Clark was live on TVNZ expertly summing up the latest crisis in the Middle ...5 days ago
- Govt ignored economic analysis of smokefree reversal5 days ago
- True Blue.
True loveYou're the one I'm dreaming ofYour heart fits me like a gloveAnd I'm gonna be true blueBaby, I love youI’ve written about the job cuts in our news media last week. The impact on individuals, and the loss to Aotearoa of voices covering our news from different angles.That by ...5 days ago - Who is running New Zealand’s foreign policy?While commentators, including former Prime Minister Helen Clark, are noting a subtle shift in New Zealand’s foreign policy, which now places more emphasis on the United States, many have missed a key element of the shift. What National said before the election is not what the government is doing now. ...5 days ago
- Fast-track submissions period must be extended
The Green Party has joined the call for public submissions on the fast-track legislation to be extended after the Ombudsman forced the Government to release the list of organisations invited to apply just hours before submissions close. ...11 hours ago - Release: Progress on climate will be undone by Govt
New Zealand’s good work at reducing climate emissions for three years in a row will be undone by the National government’s lack of ambition and scrapping programmes that were making a difference, Labour Party climate spokesperson Megan Woods said today. ...11 hours ago - Release: Dark day for Kiwi kids as a third of Govt cuts affect themNews that 1000 jobs at the Ministry of Education and Oranga Tamariki could go is devastating for future generations of New Zealanders. ...3 days ago
- Release: Alarm as Government signals further blow to school lunchesMore essential jobs could be on the chopping block, this time Ministry of Education staff on the school lunches team are set to find out whether they're in line to lose their jobs. ...3 days ago
- Release: Quick, submit – stop Govt’s dodgy approvals billThe Government is trying to bring in a law that will allow Ministers to cut corners and kill off native species, Labour environment spokesperson Rachel Brooking said. ...4 days ago
- Government throws coal on the climate crisis fireThe Government’s policy announced today to ease consenting for coal mining will have a lasting impact across generations. ...4 days ago
- Release: Public transport costs to double as National looks at unaffordable roading project insteadCancelling urgently needed new Cook Strait ferries and hiking the cost of public transport for many Kiwis so that National can announce the prospect of another tunnel for Wellington is not making good choices, Labour Transport Spokesperson Tangi Utikere said. ...4 days ago
- Release: Cost of living in Auckland still not a priorityA laundry list of additional costs for Tāmaki Makarau Auckland shows the Minister for the city is not delivering for the people who live there, says Labour Auckland Issues spokesperson Shanan Halbert. ...5 days ago
- Greens look to fast-track submissions on harmful lawThe Green Party has today launched a step-by-step guide to help New Zealanders make their voice heard on the Government’s democracy dodging and anti-environment fast track legislation. ...1 week ago
- Release: Govt should stop making people’s lives harder and build more homesThe National Government’s proposed changes to the Residential Tenancies Act will mean tenants can be turfed from their homes by landlords with little notice, Labour housing spokesperson Kieran McAnulty said. ...1 week ago
- Release: Melissa Lee missing in action on mediaThe action Melissa Lee promised to protect democracy and the media sector is missing, Media and Communications spokesperson Willie Jackson said. ...1 week ago
- Landlord Government leaves little hope for rentersThe Government’s announcement on tenancy rules prove that it does not care about renters. ...1 week ago
- Opportunity to build a more sustainable economyGreen Party co-leader Marama Davidson is calling on all parties to support a common-sense change that’s great for the planet and great for consumers after her member’s bill was drawn from the ballot today. ...1 week ago
- Significant step forward in fixing cruel and unjust pastA significant milestone has been reached in the fight to strike an anti-Pasifika and unfair law from the country’s books after Teanau Tuiono’s members’ bill passed its first reading. ...1 week ago
- Missed opportunity but NZ will surely one day recognise the right to a sustainable environmentNew Zealand has today missed the opportunity to uphold the right to a clean, healthy, and sustainable environment, says James Shaw after his member’s bill was voted down in its first reading. ...1 week ago
- Release: Don’t cut our lunches – clear message sent to GovernmentTens of thousands of people are demanding the Government commits to fully funding free and healthy school lunches. ...1 week ago
- Release: Govt makes U-turn on Suicide Prevention OfficeLabour welcomes the Government’s U-turn on the closure of the Suicide Prevention Office, says Labour Mental Health spokesperson Ingrid Leary. ...1 week ago
- CCC issues warning over further climate delayToday’s advice from the Climate Change Commission paints a sobering reality of the challenge we face in combating climate change, especially in light of recent Government policy announcements. ...2 weeks ago
- Luxon targets lame and lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Luxon targets are lousy example of leadershipIf talk is cheap, Chris Luxon’s “targets” are bankrupt. ...2 weeks ago
- Release: Commitment to disability communities missing from Govt prioritiesMinister for Disability Issues Penny Simmonds appears to have delayed a report back to Cabinet on the progress New Zealand is making against international obligations for disabled New Zealanders. ...2 weeks ago
- Methane target review is dangerous duplicationThe Government’s newly announced review of methane emissions reduction targets hints at its desire to delay Aotearoa New Zealand’s urgent transition to a climate safe future, the Green Party said. ...2 weeks ago
- Release: Government must commit to school building project for disabled studentsThe Government must commit to the Maitai School building project for students with high and complex needs, to ensure disabled students from the top of the South Island have somewhere to learn. ...2 weeks ago
- Release: National must take mental health seriouslyMental Health Minister Matt Doocey and his Government colleagues have made a meal of their mental health commitments, showing how flimsy their efforts to champion the issue truly are, says Labour Mental Health spokesperson Ingrid Leary. ...2 weeks ago
- Referendums for Māori wards a racist step backwardsThe Government's imposed referendum on Māori wards is a racist step backwards for Māori representation, and disregards Te Tiriti o Waitangi. ...2 weeks ago
- Release: Job losses at Health not worth it for tax cutsNew Zealand will feel the harm of the National Government’s reckless cuts to jobs at the health ministry for generations, says Ayesha Verrall. ...2 weeks ago
- Press release: No Māori initiatives in Government’s nothing planMāori are yet to see anything from this Government except cuts, reversals and taking our people backwards, Māori Development spokesperson Willie Jackson said. ...2 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...3 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...3 weeks ago
- Thirty six point PR spinThe Government’s ‘36 point’ plan for the next three months is as pointless as it is hollow. ...3 weeks ago
- Release: Social housing off Government’s to-do listThe Coalition Government’s refusal to commit to ongoing funding for social housing is seeing the sector pull back on developments and families watch their dreams of securing a home fade away, says Labour Housing spokesperson Kieran McAnulty. ...3 weeks ago
- Release: Less money in most people’s pockets this AprilChanges to minimum wage and benefit indexation means many New Zealanders will get less this year, as the Government gives a big tax break to landlords instead. ...3 weeks ago
- $41m to support clean energy in South East Asia
New Zealand is demonstrating its commitment to reducing global greenhouse emissions, and supporting clean energy transition in South East Asia, through a contribution of NZ$41 million (US$25 million) in climate finance to the Asian Development Bank (ADB)-led Energy Transition Mechanism (ETM). Prime Minister Christopher Luxon and Climate Change Minister Simon Watts announced ...11 hours ago - Minister releases Fast-track stakeholder listThe Government is today releasing a list of organisations who received letters about the Fast-track applications process, says RMA Reform Minister Chris Bishop. “Recently Ministers and agencies have received a series of OIA requests for a list of organisations to whom I wrote with information on applying to have a ...13 hours ago
- Judicial appointments announcedAttorney-General Judith Collins today announced the appointment of Wellington Barrister David Jonathan Boldt as a Judge of the High Court, and the Honourable Justice Matthew Palmer as a Judge of the Court of Appeal. Justice Boldt graduated with an LLB from Victoria University of Wellington in 1990, and also holds ...14 hours ago
- Education Minister heads to major teaching summit in SingaporeEducation Minister Erica Stanford will lead the New Zealand delegation at the 2024 International Summit on the Teaching Profession (ISTP) held in Singapore. The delegation includes representatives from the Post Primary Teachers’ Association (PPTA) Te Wehengarua and the New Zealand Educational Institute (NZEI) Te Riu Roa. The summit is co-hosted ...15 hours ago
- Value of stopbank project proven during cycloneA stopbank upgrade project in Tairawhiti partly funded by the Government has increased flood resilience for around 7000ha of residential and horticultural land so far, Regional Development Minister Shane Jones says. Mr Jones today attended a dawn service in Gisborne to mark the end of the first stage of the ...15 hours ago
- Anzac commemorations, Türkiye relationship focus of visitForeign Affairs Minister Winston Peters will represent the Government at Anzac Day commemorations on the Gallipoli Peninsula next week and engage with senior representatives of the Turkish government in Istanbul. “The Gallipoli campaign is a defining event in our history. It will be a privilege to share the occasion ...15 hours ago
- Minister to Europe for OECD meeting, Anzac DayScience, Innovation and Technology and Defence Minister Judith Collins will next week attend the OECD Science and Technology Ministerial conference in Paris and Anzac Day commemorations in Belgium. “Science, innovation and technology have a major role to play in rebuilding our economy and achieving better health, environmental and social outcomes ...18 hours ago
- Comprehensive Partnership the goal for NZ and the PhilippinesPrime Minister Christopher Luxon held a bilateral meeting today with the President of the Philippines, Ferdinand Marcos Jr. The Prime Minister was accompanied by MP Paulo Garcia, the first Filipino to be elected to a legislature outside the Philippines. During today’s meeting, Prime Minister Luxon and President Marcos Jr discussed opportunities to ...1 day ago
- Government commits $20m to Westport flood protectionThe Government has announced that $20 million in funding will be made available to Westport to fund much needed flood protection around the town. This measure will significantly improve the resilience of the community, says Local Government Minister Simeon Brown. “The Westport community has already been allocated almost $3 million ...1 day ago
- Taupō takes pole positionThe Government is proud to support the first ever Repco Supercars Championship event in Taupō as up to 70,000 motorsport fans attend the Taupō International Motorsport Park this weekend, says Economic Development Minister Melissa Lee. “Anticipation for the ITM Taupō Super400 is huge, with tickets and accommodation selling out weeks ...1 day ago
- Cost of living support for low-income homeownersLocal Government Minister Simeon Brown has announced an increase to the Rates Rebate Scheme, putting money back into the pockets of low-income homeowners. “The coalition Government is committed to bringing down the cost of living for New Zealanders. That includes targeted support for those Kiwis who are doing things tough, such ...2 days ago
- Government backing mussel spat projectThe Coalition Government is investing in a project to boost survival rates of New Zealand mussels and grow the industry, Oceans and Fisheries Minister Shane Jones has announced. “This project seeks to increase the resilience of our mussels and significantly boost the sector’s productivity,” Mr Jones says. “The project - ...2 days ago
- Government focused on getting people into workBenefit figures released today underscore the importance of the Government’s plan to rebuild the economy and have 50,000 fewer people on Jobseeker Support, Social Development and Employment Minister Louise Upston says. “Benefit numbers are still significantly higher than when National was last in government, when there was about 70,000 fewer ...2 days ago
- Clean energy key driver to reducing emissionsThe Government’s commitment to doubling New Zealand’s renewable energy capacity is backed by new data showing that clean energy has helped the country reach its lowest annual gross emissions since 1999, Climate Change Minister Simon Watts says. New Zealand’s latest Greenhouse Gas Inventory (1990-2022) published today, shows gross emissions fell ...2 days ago
- Earthquake-prone buildings review brought forwardThe Government is bringing the earthquake-prone building review forward, with work to start immediately, and extending the deadline for remediations by four years, Building and Construction Minister Chris Penk says. “Our Government is focused on rebuilding the economy. A key part of our plan is to cut red tape that ...2 days ago
- Thailand and NZ to agree to Strategic PartnershipPrime Minister Christopher Luxon and his Thai counterpart, Prime Minister Srettha Thavisin, have today agreed that New Zealand and the Kingdom of Thailand will upgrade the bilateral relationship to a Strategic Partnership by 2026. “New Zealand and Thailand have a lot to offer each other. We have a strong mutual desire to build ...2 days ago
- Government consults on extending coastal permits for portsRMA Reform Minister Chris Bishop and Transport Minister Simeon Brown have today announced the Coalition Government’s intention to extend port coastal permits for a further 20 years, providing port operators with certainty to continue their operations. “The introduction of the Resource Management Act in 1991 required ports to obtain coastal ...3 days ago
- Inflation coming down, but more work to doToday’s announcement that inflation is down to 4 per cent is encouraging news for Kiwis, but there is more work to be done - underlining the importance of the Government’s plan to get the economy back on track, acting Finance Minister Chris Bishop says. “Inflation is now at 4 per ...3 days ago
- School attendance restored as a priority in health adviceRefreshed health guidance released today will help parents and schools make informed decisions about whether their child needs to be in school, addressing one of the key issues affecting school attendance, says Associate Education Minister David Seymour. In recent years, consistently across all school terms, short-term illness or medical reasons ...3 days ago
- Unnecessary bureaucracy cut in oceans sectorOceans and Fisheries Minister Shane Jones is streamlining high-level oceans management while maintaining a focus on supporting the sector’s role in the export-led recovery of the economy. “I am working to realise the untapped potential of our fishing and aquaculture sector. To achieve that we need to be smarter with ...3 days ago
- Patterson promoting NZ’s wool sector at International CongressAssociate Agriculture Minister Mark Patterson is speaking at the International Wool Textile Organisation Congress in Adelaide, promoting New Zealand wool, and outlining the coalition Government’s support for the revitalisation the sector. "New Zealand’s wool exports reached $400 million in the year to 30 June 2023, and the coalition Government ...4 days ago
- Removing red tape to help early learners thriveThe Government is making legislative changes to make it easier for new early learning services to be established, and for existing services to operate, Associate Education Minister David Seymour says. The changes involve repealing the network approval provisions that apply when someone wants to establish a new early learning service, ...4 days ago
- RMA changes to cut coal mining consent red tapeChanges to the Resource Management Act will align consenting for coal mining to other forms of mining to reduce barriers that are holding back economic development, Resources Minister Shane Jones says. “The inconsistent treatment of coal mining compared with other extractive activities is burdensome red tape that fails to acknowledge ...4 days ago
- McClay reaffirms strong NZ-China trade relationshipTrade, Agriculture and Forestry Minister Todd McClay has concluded productive discussions with ministerial counterparts in Beijing today, in support of the New Zealand-China trade and economic relationship. “My meeting with Commerce Minister Wang Wentao reaffirmed the complementary nature of the bilateral trade relationship, with our Free Trade Agreement at its ...4 days ago
- Prime Minister Luxon acknowledges legacy of Singapore Prime Minister LeePrime Minister Christopher Luxon today paid tribute to Singapore’s outgoing Prime Minister Lee Hsien Loong. Meeting in Singapore today immediately before Prime Minister Lee announced he was stepping down, Prime Minister Luxon warmly acknowledged his counterpart’s almost twenty years as leader, and the enduring legacy he has left for Singapore and South East ...4 days ago
- PMs Luxon and Lee deepen Singapore-NZ tiesPrime Minister Christopher Luxon held a bilateral meeting today with Singapore Prime Minister Lee Hsien Loong. While in Singapore as part of his visit to South East Asia this week, Prime Minister Luxon also met with Singapore President Tharman Shanmugaratnam and will meet with Deputy Prime Minister Lawrence Wong. During today’s meeting, Prime Minister Luxon ...4 days ago
- Antarctica New Zealand Board appointmentsForeign Minister Winston Peters has made further appointments to the Board of Antarctica New Zealand as part of a continued effort to ensure the Scott Base Redevelopment project is delivered in a cost-effective and efficient manner. The Minister has appointed Neville Harris as a new member of the Board. Mr ...4 days ago
- Finance Minister travels to Washington DCFinance Minister Nicola Willis will travel to the United States on Tuesday to attend a meeting of the Five Finance Ministers group, with counterparts from Australia, the United States, Canada, and the United Kingdom. “I am looking forward to meeting with our Five Finance partners on how we can work ...5 days ago
- Pet bonds a win/win for renters and landlordsThe coalition Government has today announced purrfect and pawsitive changes to the Residential Tenancies Act to give tenants with pets greater choice when looking for a rental property, says Housing Minister Chris Bishop. “Pets are important members of many Kiwi families. It’s estimated that around 64 per cent of New ...5 days ago
- Long Tunnel for SH1 Wellington being consideredState Highway 1 (SH1) through Wellington City is heavily congested at peak times and while planning continues on the duplicate Mt Victoria Tunnel and Basin Reserve project, the Government has also asked NZ Transport Agency (NZTA) to consider and provide advice on a Long Tunnel option, Transport Minister Simeon Brown ...5 days ago
- New Zealand condemns Iranian strikesPrime Minister Christopher Luxon and Foreign Minister Winston Peters have condemned Iran’s shocking and illegal strikes against Israel. “These attacks are a major challenge to peace and stability in a region already under enormous pressure," Mr Luxon says. "We are deeply concerned that miscalculation on any side could ...5 days ago
- Huge interest in Government’s infrastructure plansHundreds of people in little over a week have turned out in Northland to hear Regional Development Minister Shane Jones speak about plans for boosting the regional economy through infrastructure. About 200 people from the infrastructure and associated sectors attended an event headlined by Mr Jones in Whangarei today. Last ...1 week ago
- Health Minister thanks outgoing Health New Zealand ChairHealth Minister Dr Shane Reti has today thanked outgoing Health New Zealand – Te Whatu Ora Chair Dame Karen Poutasi for her service on the Board. “Dame Karen tendered her resignation as Chair and as a member of the Board today,” says Dr Reti. “I have asked her to ...1 week ago
- Roads of National Significance planning underwayThe NZ Transport Agency (NZTA) has signalled their proposed delivery approach for the Government’s 15 Roads of National Significance (RoNS), with the release of the State Highway Investment Proposal (SHIP) today, Transport Minister Simeon Brown says. “Boosting economic growth and productivity is a key part of the Government’s plan to ...1 week ago
- Navigating an unstable global environmentNew Zealand is renewing its connections with a world facing urgent challenges by pursuing an active, energetic foreign policy, Foreign Minister Winston Peters says. “Our country faces the most unstable global environment in decades,” Mr Peters says at the conclusion of two weeks of engagements in Egypt, Europe and the United States. “We cannot afford to sit back in splendid ...1 week ago
- NZ welcomes Australian Governor-GeneralPrime Minister Christopher Luxon has announced the Australian Governor-General, His Excellency General The Honourable David Hurley and his wife Her Excellency Mrs Linda Hurley, will make a State visit to New Zealand from Tuesday 16 April to Thursday 18 April. The visit reciprocates the State visit of former Governor-General Dame Patsy Reddy ...1 week ago
- Pseudoephedrine back on shelves for WinterAssociate Health Minister David Seymour has announced that Medsafe has approved 11 cold and flu medicines containing pseudoephedrine. Pharmaceutical suppliers have indicated they may be able to supply the first products in June. “This is much earlier than the original expectation of medicines being available by 2025. The Government recognised ...1 week ago
- NZ and the US: an ever closer partnershipNew Zealand and the United States have recommitted to their strategic partnership in Washington DC today, pledging to work ever more closely together in support of shared values and interests, Foreign Minister Winston Peters says. “The strategic environment that New Zealand and the United States face is considerably more ...1 week ago
- Joint US and NZ declarationApril 11, 2024 Joint Declaration by United States Secretary of State the Honorable Antony J. Blinken and New Zealand Minister of Foreign Affairs the Right Honourable Winston Peters We met today in Washington, D.C. to recommit to the historic partnership between our two countries and the principles that underpin it—rule ...1 week ago
- NZ and US to undertake further practical Pacific cooperationForeign Minister Winston Peters has announced further New Zealand cooperation with the United States in the Pacific Islands region through $16.4 million in funding for initiatives in digital connectivity and oceans and fisheries research. “New Zealand can achieve more in the Pacific if we work together more urgently and ...1 week ago
- Rousing farewell for Kiwi doctors flying out to Gaza aid flotilla
Kia Ora Gaza A passionate haka reverberated through Auckland International Airport as a medical team of three New Zealand doctors received an emotional farewell from a big crowd of supporters before flying to Turkey to join the international Freedom Flotilla to Gaza. The doctors, who left Auckland yesterday, hope to ...5 hours ago - Communities Against The Fast-track Heartened By ‘Overwhelming’ Public Response; Disgusted By ‘...
With submissions closing today, Macassey-Pickard says groups around the country have been supporting a huge range of people to make their submissions. ...7 hours ago - Renters Rights To Drastically Reduce Under Landlord GovernmentThe Government’s announced changes around tenancy rules set renters’ rights back by nearly a decade. ...7 hours ago
- NZPI Submission on Fast Track Approvals BillOur response to the new legislation is informed by targeted conversations with practitioners working in the system and through an implementation lens. ...7 hours ago
- Fast Track Invite List Includes Most Destructive Industries In New ZealandThe new ‘Fast-track Approvals Bill’ would give just three Ministers the power to approve or deny development projects. They would avoid the usual checks and balances that are in place to protect rivers, land, the ocean, and communities. ...7 hours ago
- Eugene Doyle: Helen Clark on why AUKUS isn’t in New Zealand’s national interestCOMMENTARY: By Eugene Doyle Helen Clark, how I miss you. The former New Zealand Prime Minister — the safest pair of hands this country has had in living memory — gave a masterclass on the importance of maintaining an independent foreign policy when she spoke at an AUKUS symposium held ...7 hours ago
- Government releases list of organisations shoulder-tapped for fast-track consents
The government's released the list of organisations provided with information on how to apply - just hours before public submissions on the bill close. ...9 hours ago - The Week in Politics: Job cuts surge and Waitangi Tribunal troubleAnalysis - It's been a grim week for public servants, while trouble is also brewing between the government and Waitangi Tribunal. ...10 hours ago
- It never rains but it pours: intense rain and flash floods have increased inland in eastern Australi...Source: The Conversation (Au and NZ) – By Milton Speer, Visiting Fellow, School of Mathematical and Physical Sciences, University of Technology Sydney Before climate change really got going, eastern Australia’s flash floods tended to concentrate on our coastal regions, east of the Great Dividing Range. But that’s changing. Now ...10 hours ago
- Watch: Christopher Luxon speaks to media in ManilaThe PM has defended how he's talked up NZ trade on his trip to Southeast Asia, after criticism from his own delegation. ...10 hours ago
- ‘It could be the death of the museum’: why research cuts at a South Australian institution have ...Source: The Conversation (Au and NZ) – By Elizabeth Finkel, Vice-Chancellor’s Fellow, La Trobe University Sia Duff / South Australian Museum In February, the South Australian Museum “re-imagined” itself. In the face of rising costs and inadequate government funds, CEO David Gaimster, who took the reins last June, declared ...10 hours ago
- Government signs off $41m clean energy deal with Asian Development BankThe government has committed $41 million to clean energy transition at the Asian Development Bank's Energy Transition Mechanism. ...11 hours ago
- Are 2 mid-career AFL retirements a sign Australian athletes are taking brain health more seriously?Source: The Conversation (Au and NZ) – By Alan Pearce, Professor, School of Allied Heath, Human Services & Sport, La Trobe University, La Trobe University This week, Collingwood AFL player Nathan Murphy announced his retirement, brought on by his concussion history and ongoing issues. The 24-year-old’s seemingly sudden retirement, ...13 hours ago
- Luxon: Waitangi Tribunal comments from coalition parties 'ill considered'Comments from ACT and NZ First ministers about the Tribunal were "ill considered" and "that message will be underscored" to them, the PM says. ...13 hours ago
- Mental Health Foundation Facing Staff Cuts From Govt Funding SqueezeThe Mental Health Foundation provides support and resources for those facing the loss of their job, so it’s wrong in the very week the Government adds another 1000 jobs to its tally of cuts, that this is happening. ...13 hours ago
- I wholeheartedly recommend The President: a brilliant revival of a play of decay, terror and revulsi...Source: The Conversation (Au and NZ) – By Alexander Howard, Senior Lecturer, Discipline of English and Writing, University of Sydney Daniel Boud/Sydney Theatre Company Decay, terror, revulsion. These are three of the central themes of Thomas Bernhard’s rarely performed play The President. The Austrian is one of the greatest ...13 hours ago
- How the coolest little capital is shrinkingIt's not the first time a government has targeted public servants for job cuts, but this time Wellington is really feeling it. ...14 hours ago
- Many prisoners go years without touching a smartphone. It means they struggle to navigate life on th...Source: The Conversation (Au and NZ) – By Ye In (Jane) Hwang, Postdoctoral Research Associate at School of Population Health, UNSW Sydney Shutterstock You’d be hard pressed to find any aspect of daily life that doesn’t require some form of digital literacy. We need only to look back ten ...14 hours ago
- Ministers accused of Cabinet Manual breach with threats to Waitangi Tribunal
Prime Minister Christopher Luxon says threats by ministers Shane Jones and David Seymour to reform or close down the Waitangi Tribunal were “ill-considered”, as legal experts say the ministers may have breached Cabinet Manual conventions. “I think those comments are ill-considered and we expect all ministers to actually exercise good ...14 hours ago - Good news: midlife health is about more than a waist measurement. Here’s whySource: The Conversation (Au and NZ) – By Rob Newton, Professor of Exercise Medicine, Edith Cowan University Pexels/RDNE stock project You’re not in your 20s or 30s anymore and you know regular health checks are important. So you go to your GP. During the appointment they measure your waist. ...14 hours ago
- The Friday Poem: ‘Mitochondrial Problem’ by Evangeline Riddiford Graham
A new poem by Evangeline Riddiford Graham. Mitochondrial Problem I. It was long drive to Kansas for the man and his dog but you have to understand he said She doesn’t fly. Which calls to mind not carsick shitting barking or whining but a dog who chooses not to as ...14 hours ago - The Unity Books bestseller chart for the week ending April 18The only published and available best-selling indie book chart in New Zealand is the top 10 sales list recorded every week at Unity Books’ stores in High St, Auckland, and Willis St, Wellington. AUCKLAND 1 Hemingway’s Goblet by Dermot Ross (Mary Egan Publishing, $38) Hot off the press, this debut ...14 hours ago
- Department of Conservation closing Dunedin centre, but no jobs lostVisitor habits are changing and DOC needs to adapt in a financially sustainable way, its operations director says. ...14 hours ago
- Unions Collaborate With Thousands Of Job CutsWith New Zealand officially in recession, a swathe of mass sackings is currently sending shockwaves through the entire working class. ...14 hours ago
- Watch live: Christopher Luxon speaks to media in ManilaPrime Minister Christopher Luxon is speaking to reporters in Manila after pledging greater defence cooperation with the Philippines. Watch live. ...14 hours ago
- Government sent please explain letter to Wellington City Council over transport disagreementThe contents were revealed in correspondence from Simeon Brown and Chris Bishop to Wellington's Mayor. ...15 hours ago
- Some families push back against journalists who mine social media for photos – they have every rig...Source: The Conversation (Au and NZ) – By Laura Wajnryb McDonald, PhD candidate in Criminology, University of Sydney Less than 24 hours after Ashlee Good was murdered in Bondi Junction, her family released a statement requesting the media take down photographs they had reproduced of Ashlee and her family without ...15 hours ago
- Mental Health Foundation staff cuts loom, with funding falling behind rising costsChief executive Shaun Robinson said it has not had any government funding cut, but government-funded contracts have not kept pace with rising costs. ...15 hours ago
- The ‘devil comet’ 12P/Pons-Brooks has finally become visible from Australia. What can we expect?Source: The Conversation (Au and NZ) – By Jonti Horner, Professor (Astrophysics), University of Southern Queensland Pons–Brooks visible from Utah, March 9 2024. James Peirce/Flickr, CC BY-NC-ND If you’re a fan of all things space, you’ve doubtless heard about the “devil comet”, which has been captivating keen-eyed observers in the ...15 hours ago
- Rugby stadiums are sold as an economic asset – but NZ needs to ask if they’re really worth itSource: The Conversation (Au and NZ) – By Robert Hamlin, Senior Lecturer in Marketing , University of Otago A multi-billion dollar stadium precinct has been proposed for Auckland, one of three proposals in front of Auckland Council for a new stadium in the city. The council is also considering revamping ...15 hours ago
- Auckland dog attacks: Callouts for attacks on other animals going upRoaming dogs are responsible for more than a thousand attacks on animals each year, and the number is growing. ...16 hours ago
- What access to puberty blockers means for trans young people and their whānauThe Ministry of Health has delayed the release of its evidence brief on the safety, reversibility and mental health and wellbeing outcomes for puberty blockers. While we wait, Julia de Bres speaks to those with firsthand experience. Best practice gender-affirming healthcare is based on trans people’s self-determination and agency. The ...16 hours ago
- NZ and Philippines pledge defence cooperation amid rising tensionsThe commitment came after a sit-down meeting between Christopher Luxon and President Ferdinand "Bongbong" Romualdez Marcos Jr overnight. ...17 hours ago
- How superblocks can help reimagine city lifeBarcelona’s city streets have gone from traffic-clogged to pedestrian-friendly. How? Superblocks. Ellen Rykers explains. This is an excerpt from our weekly environmental newsletter Future Proof. Sign up here. Last week I read a great interview with renowned urbanist Janette Sadik-Khan by The Spinoff’s Wellington editor Joel MacManus: “You can reimagine streets, ...17 hours ago
- Fire engineering expertise may take a big hit with job cuts at MBIEThe public sector cuts are poised to take out a big chunk of expertise at the country's building regulator. ...18 hours ago
- “Fast-track Law To Kill Kiwi”: Students Say Fight Against Anti-democracy Legislation Is Only Jus...Student groups ‘Climate Action VUW’, Schools Strike 4 Climate and VUWSA will be on the street in Wellington today, the last day for submissions on the Fast-track Approvals Bill, with a message that the fight against the Government’s ‘War on ...18 hours ago
- ‘We have thousands of Modis’: the secret behind the BJP’s enduring success in IndiaSource: The Conversation (Au and NZ) – By Sofia Ammassari, Research Fellow, Griffith University Since 2014, Indian Prime Minister Narendra Modi’s popularity has grown exponentially – and so has the formidable organisational machine of his Bharatiya Janata Party (BJP). These two factors will be key to delivering the BJP a ...19 hours ago
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How about John Key? If he is OK with John Banks staying could that be because most of his anonymous contributions are collected the same way John Banks thought he could get away with?
One thing is clear; he called an early election because he knew John Banks was going down and he knew he needed the little prick until the end of this parliamentary session and that he could count on him not being able to come back.
Yay for our independent and lifetime career judiciary. One of the elements which has kept this country on track despite the shennanigans and compromised BS at the political level.
Now, time for Banks to scratch together a semblance of remaining honour and leave Parliament ASAP.
@c.v..
..will you get a slightly bitter taste in yr mouth..
..when he is discharged without conviction..?
Nah I reckon Banks will get done mate, because as far as the judge is concerned, Banks and his witnesses spent the whole time in court lying.
you are talking reasons for conviction..not considerations before sentencing..
..’life-long service to the community’..’a tragedy’..’the shame his greatest punishment’..
..all will be trotted out to justify his discharge without conviction..
On 6 October 2009, Field was jailed for six years on corruption charges, with the sentencing judge saying his offending threatened the foundation of democracy and justice….Thanks Justice Hansen
Then a nice one from JK…..
“This is a Prime Minister who was prepared to cynically cling to power by continuing to exercise Mr Field’s vote, no matter what. She would have used any excuse to not act against him to maintain her slim one-vote majority.”
Not as simple for Banks as you’re suggesting PU.
See s.107 of the Sentencing Act 2002 below. This “guidance” section creates a threshold which must be achieved before a judge can order discharge without conviction under s.106. Note how the section says “must not…..discharge…….unless…….” –
” 107 Guidance for discharge without conviction –
The court must not discharge an offender without conviction unless the court is satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence. ”
In summary a discharge without conviction cannot flow because a sentencing judge, unguided by principle or law, simply decides to indulge an offender. Furthermore for practical purposes it is accepted by the courts that public humiliation does not ON ITS OWN achieve the disproportionality threshold.
I note Bill Hodge on TVOne News saying that in his assessment the seriousness of the offending and the consequences of conviction are pretty much evenly balanced. If that is a correct assessment then there cannot be a discharge without conviction. There would need to be imbalance, disproportionality. Evenly matched will not do.
As to gravity this was not misfeasance as some might say was the case with Doug Graham and Bill Jeffries. Here there was malfeasance undertaken in a premeditated course of conduct touching the integrity of electoral law and thus democracy. Way serious !
“..The court must not discharge an offender without conviction unless the court is satisfied that the direct and indirect consequences of a conviction would be out of all proportion to the gravity of the offence. ”
..and that is exactly the argument that will be made..
..if they manage to pull this one off..
Of course that’s the argument that will be advanced. It’s the only one that CAN be advanced, quite clearly.
Advancing is no guarantee of getting however.
My comments are in response to a floating implication that an application for discharge is a matter of a judge simply “deciding”, on whatever spurious (maybe even cynically unprincipled “Oh, let’s look after the top-end-of-town”) considerations.
If Old Boy Network irrelevancies were EVER going to come into play they would have been reflected in a not guilty verdict. Based on ‘convenient’ findings as to witness credibility which would remain beyond challenge forever.
Justice Wylie proceeded impeccably. There is no reason to anticipate a different approach hereafter.
“..If Old Boy Network irrelevancies were EVER going to come into play they would have been reflected in a not guilty verdict..”
that couldn’t happen..the evidence was too strong..
..the public outcry wd have been too much…
..and as for the outcome..?
..believe me..!..i want to be wrong…
..i wd like to see banks banged up..
..but that ain’t gonna happen..
(even tho’ it should..as banks not getting banged-up..is just a green-light to corrupt politicians everywhere in the country….
..now every politician contemplating corruption will see that ‘the fall’..if any..isn’t that arduous..and just to be included in risk-factors..
..and certainly no deterrent to that corrupt behaviour….)
..but..i still reckon all the favours will be called in..
..(the thought of banks going feral/postal wd send shivers down many a back..
..banks knows where most of the bodies are buried..
..and cd probably take down half of aucklands’ rich and powerful with him..
..should he choose..)
..banks is now worried about/focusing on his permanent-record….
..and he wants that (salve to him/those priorities) discharge without conviction..
..i guess we will all know on 1st of august..
..if he has managed to swing that..
A discharge without conviction may be appropriate if Banks had, in filling in his electoral expenses return, impulsively decided it was to his and/or Dotcom’s advantage that the donations be recorded as anonymous, and when charged with the offence, promptly pleaded guilty and expressed remorse.
This is far from what actually happened.
The evidence shows that right from the time Banks met with Dotcom to seek the donations, he was orchestrating a situation under which he could purport to claim he did not know the source of the donations, and subsequently orchestrated the situation under which his campaign Treasurer would record them as anonymous and Banks would sign off the form without actually reading the donations section.
Following the verdict, Banks’ media interviews indicate he shows no remorse for the criminality of his actions and still maintains he did nothing wrong. That is not a set of circumstances where a discharge without conviction is appropriate.
My pick is either home detention or community service. For someone of Banks’ wealth, even the maximum fine of $10K would mean nothing.
Overhearing “people” discussing what “will happen” is pretty irrelevant, because judges would not say that nor leak it.
Given the seriousness of the offence, I actually wouldn’t be surprised if Banks got a jail term.
lanth..
..i just reported what i heard two of the players in this drama say..
..that’s it..!
..and i saw/heard the faces/tones/emphasises/’reassurances’ of those words..
..and the conclusion i have come to..
..based on that..and on who those individuals are/were..
..is that i will be pissed-off..but not surprised..
..if banks gets his discharge without conviction..
..that is all i bring to the table..
..and as i said in my original piece @ whoar ..
..’make of it what you will’..
..but i don’t/didn’t get the impression those ‘reassurances’ were false/just blowing hot air..
Phillip Ure
Having experienced and been the victim of a cover-up within a government run entity, I am aware of the extent some of our esteemed ‘fathers and mothers’ are willing to go to… in order to protect their own and their mates’ backsides. Therefore I believe your interpretation of what you saw/heard. It’s not only feasible, its becoming almost par for the course these days.
They may not succeed but it won’t be for want of trying.
Last night McCready said Team Banksie had no chance of avoiding conviction because the Judge was already mentioning home detention. Similar sentiments from the lawyer on Morning Report this AM.
yes..i noted how wrong macready was with that..at the time..
….yes..the judge called for banks to be assessed for suitability to get home-detention..
..but mcready seemed to have missed the application from banks’ lawyer for a discharge with no conviction..
..which means the actual conviction was ‘stayed’..until that application is determined..
..what you say changes my opinion not a whit..
Lolz CV, having had much to do with the Judiciary over the decades i hold a contrary view than the one you express,
Having had cases befor the Court where even a Doctor of Law has been gobsmacked by the actions of the Bench in a ”they cannot legally do this” manner i have good reason not to agree with your point,
Best tho i don’t get into the detail here…
+1 to this
there is very little REAL justice in a court room
Bye bye Banksie. Oravida appointment awaits?
Heh,heh,heh, the 200 hundred bucks i ”invested” on Graham Mac’s phone arrears was well spent monies,
My only disappointment is that i couldn’t be at the High Court at Auckland to witness Banks claim His second conviction as i was at the District Court in Wellington 1991 when the criminal Banks got His first,
i will be disappointed if Banks is either discharged from this conviction or receives home detention as the sentence,
In my view home D should be for those who have admitted their guilt and shown remorse for their offending, Banks has done neither,
The aggravating factor i believe the Judge should take into consideration when sentencing Banks to the maximum term possible for this offending which He still refuses to admit to is the fact that Banks is a supposed leader of our community and a strong message has to be sent as a deterrent that such behavior in a decent society cannot be tolerated…
unless its home detention in a minimum wage earners home?
He will probably offer to volunteer for the spca
All though Banks didnt testify himself at his own trial, once before in a civil case over a Bee pollen company he did spend some time in the witness box. The Herald report said
” In a written ruling released yesterday, Justice Geoffrey Venning said he did not accept Mr Banks’ “assertions of dishonesty” against Topline directors Jeff and Ben Cook.
Outlining Mr Banks’ evidence, and his change of heart regarding the Cooks, Justice Venning said the mayor’s sworn affidavit did not match up with his subsequent testimony in court.
So the Judge said in that instance that Banks was untruthful under oath.
So its come to passs again
Why was he not charged with perjury?
Why was he not charged with perjury?
Almost no one ever is when they are on trial, lying is not only tolerated but also surreptitiously expected.
As Greg Newbold once stated, the adversarial Court process is essentially a “lying competition”.
Because by your reasoning everytime there is a court case, someone is less credible or not believed and our courts would be chocker… Have a read up on perjury.
This might help
“For centuries, Anglo-American courts have erected stiff hurdles against perjury prosecutions in part so that witnesses will not fear that a misstatement would expose them to prosecution.
In a trial system that permits opposing lawyers to grill each other’s witnesses, the chief safeguard against deliberate lies is supposed to be careful questioning — not the threat of a perjury prosecution.
” A Narrow Concept
Prosecutors and defense lawyers agree that perjury is and should be a difficult crime to prove.
“It is so common for honest witnesses to remember events differently or to get confused or make mistakes that you need a law that only punishes lies that are deliberate and have real consequences,” said Ephraim Margolin, a criminal defense lawyer in San Francisco. “Otherwise, every witness would be exposed to prosecution.”
Perjury is far narrower than the lay concept of lying. “You have to show what was said was false, that the defendant knew it was false, and that the defendant willfully lied,” said E. Lawrence Barcella Jr., a Washington defense lawyer and former federal prosecutor.
And to be prosecuted, lies must be important. Under federal law, for false testimony to qualify as perjury, it must have the potential to affect the outcome of the proceeding.
West Virginia resident Sharon Dunnigan learned the hard way that when perjury is prosecuted, it can be serious business. Three witnesses told a federal jury that Dunnigan ran cocaine from Cleveland to Charleston, W.Va. Three others said they bought cocaine from her. Never happened, Dunnigan testified.
The jury found her guilty of drug trafficking in the 1989 case. The sentencing guidelines for trafficking would have put her away for about three years. Then, prosecutors persuaded the judge to tack on nearly another year for lying.
The extra punishment was justified because deliberately lying to a court “reflects on a defendant’s . . . willingness to accept the commands of the law and the authority of the court, and on her character in general,” Justice Anthony M. Kennedy wrote when the Supreme Court unanimously upheld the sentencing in 1993.
Throughout legal history, lies that rose to the level of perjury have been punished harshly. In Elizabethan England, perjurers were pilloried in the stocks, and in Louis XIV’s France, perjury could be punished by beheading.
Under U.S. law, perjurers get at most five years in prison, but in the Dunnigan case, Kennedy wrote that a defendant who commits perjury is “more threatening to society and less deserving of leniency” than one who tells the truth. The “willingness to frustrate judicial proceedings to avoid criminal liability suggests that the need for incapacitation and retribution is heightened.”
But such cases are the exception. Blatantly false statements often go unprosecuted. “There’s lying in criminal cases all the time,” said one longtime prosecutor who asked not to be named. “Defendants lie. They bring in alibi witnesses who lie. But we usually will not prosecute them for perjury.””
more here
http://www.washingtonpost.com/wp-srv/politics/special/clinton/stories/perjury092498.htm
Nah. I hope he stays in Parliament, remains visibly close to Key and stinks to the High Heaven.
We should find a place for Pansy Wong, Richard Worth and David Garret in the picture.
The Nats/Act has given us enough flawed selfish nuts to fill the cast list of many soap operas.
John Key knew Banks was guilty. Now we all know why he announced an early election date: he can still have the criminal voting for him supporting his government till parliament rises.
This is hilarious, Jamie Whyte interviewed on RNZ this morning:
http://podcast.radionz.co.nz/mnr/mnr-20140606-0712-act_leader_surprised_by_banks_verdict-048.mp3
Unbelievable. So the ACT party has no interest whatsoever in the fact that its only MP is in all likelihood going to be drummed out of Parliament …
More heat should go on ACT, Jamie Whyte and David Seymour. This event should be the end of ACT but it seems everyone is attacking John Key and National, which I understand, but the bigger prize is being missed. If ACT, Jamie Whyte and David Seymour are not forced to repeated justify in the media why their party allows someone found guilty to remain, then come election time and other media events people unfortunately won’t have a strong enough distaste/memory and will revote ACT back in. People like Campbell need to harass Jamie Whyte and ACT to give justifications.
This should be the end of ACT but I feel the opportunity might be missed.
They are used to it…
Awatere
Garrett
Banks
They see nothing…
Jamie, the Great Whyte Hope on the rich and wannaebees right wing chattering classes.
I heard Richard Prebble on the wireless describe Whyte as being the most educated man in Parliament …when he get there. Richard believes that a Cambroidge PhD tops any education the other 119 MPs might have!
He preparation and handling of this simple and predictable interview was woeful.
He lacks anticipation and any sensitivity as to what the listener might be hearing.
Not a Politician.
But that’s coming from a guy who took over forty years to begin thinking.
Warning: Link might make those of a normal disposition nauseous
http://www.richardprebble.com/thinking.asp
It was embarrassingly bad. Jamie Whyte really is an idealist and is not cut out for politics, much like Brash.
I’m disappointed the interviewer really didn’t sledge it home – that the Act party has no opinion / is happy to be represented in parliament by someone who has been found guilty of corrupt practice. A reference to David Garret wouldn’t have gone amiss, either.
ROFL, ………I heard he wants his conviction split into 2 parts aswell!
Droll.
10/10
Gordon Campbell on banks verdict:
http://gordoncampbell.scoop.co.nz/2014/06/06/gordon-campbell-on-the-john-banks-verdict/
Outside the court, Banks himself jauntily cited a 1930s song about how into each life some rain must fall – as if this verdict was the product of some entirely external force that had descended on him arbitrarily, as if Banks himself had not been the rainmaker. To that end, there has been a strong media narrative that has chosen to focus on the pathos of Banks’ condition.
Another quote from the Campbell link:
(My bold.)
A nutshell.
Exactly…
Dotcom said he would bring down both Banks and Key.
One down. One to go. I can hardly wait.
“Kim Dotcom, the gift that keeps on giving.” (quoting Mickey Savage.)
Yes the Albatross that is Banks now rots even further around keys neck as he gave him full backing with that ‘looking the other way, not reading, not caring ‘ approach the MSM lap up like the coiffured poodles they are.
Contrast this to what Clark did to Field and her demotion of ministers rorting the cabinet rules with Key’s inaction over Double Dipton, higher standards for sure yeah right.
In keeping their US mates happy they’ve angered a resourceful and highly tech savvy resident after taking his money and hospitality, one feels he’s got some more stories to tell when the time is right.
Bring it on KDC.
‘
Nice work by Justice Wyllie. I note with interest that his reasoning surrounding the “knowingly” aspect is that John Banks didn’t ask about the Dotcom donation is that he knew what the answer would be. This very same reasoning can be applied to John Key’s statement that he never read the police report on the matter . . . assuming of course, John Key was telling the truth . . . but, either way, John Key is also guilty of remaining deliberately ignorant of matters of concern.
Judge Wyllie just did his job.
It was blindingly obvious Banks was lying through his teeth which is why he will get a conviction on August 1st. To not convict would send a terrible message.
It appears parliament will have to be recalled after this solely to vote on whether a by-election (which nobody wants) should be called.
If Banks resigned now it would avoid this shambles. But that would deprive Labour and the Greens of asking Key “Does he stand by all his statements?” supplementary “does he still believe John Banks is honest?” and “does the PM now regret having a cup of tea with Mr. Banks?” so on for 2 lovely months.
the right are suggesting that as this was during his maorlty it has less impact on him as an mp. Or at least thats my understandin of some posts/commentators including boag. BUT banks told dotcoms lawyer he couldnt help him as an mp in case the donation came out, so clearly it did impact him as an mp.
So what should be the punishment for splitting donations into two so they can be labelled anonymous?
And how should that compare to the punishment for hiding donations in a secret trust so they can be labelled anonymous? (i.e. as David Cunliffe did)
And was Banks crime of electoral fraud better or worse than the Labour candidate who got done for the same offence, also in the Auckland local body elections, for making up lots of false voters?
(He got 5 months community detention.)
Ah, the old but they did it too whinge from the RWNJs.
I think thrust of the comment was less concerned with “But they did it too” rather it was whether the nature of offending was greater than that of other offenses and should the punishment be in-line with said offenses.
I have no sympathy for Banks – he’s an oddball.
But both he and Cunliffe hid donations as anonymous, and arguably Cunliffe went more out of his way to avoid declaring donations by setting up a secret private trust.
Despite doing that, I can’t see that either gained any significant benefit from doing so.
cunliffe broke his party ules
John banks broke the law
Both morally wrong, imo, only one a crime.
Read the decision, the judge is clear that banks knew exactly what he was doing, namely avoiding revealling a donor he thought could harm his image if revealled and then falsely declared he didnt know whi it came from. He went out of his way to decieve and hide the deceit.
Banks then stood outside the court and denied the judges finding
Cunliffe returned the money of those who didnt want to be named, and named the others.
I think there is a difference
I agree – they both hid donations, but one method broke the law and the other didn’t.
So should Banks have filtered Dotcoms money though a secret trust instead?
IMO he shouldn’t have touched Dotcoms money – he has a criminal record dating back the last twenty years, that’s followed him from country to country.
He seems to continually make his money by ripping other people off.
i regularly donate to political parties, social/charitable causes, i have a criminal past dating back at least 40 years,
Should i be barred from contributing or those needing such donations barred from accepting them…
John is trying to make what banks did ok bad, so he will twist and bob and weave.
Perhaps this is why key is so popular, the majority of our fellow citizens think laws and morals apply only to beneficiaries…
That fine if it’s your money you’re donating, but not ok if it’s money you’ve made by ripping off other people.
And you of course John are absolutely certain that DotCom was giving Banks monies that He had ”ripped off other people” right,
You are about to provide us all here with ”proof” of your assertion right???,
[Off topic. Deleted – MS]
John
Off topic.
You are seriously misrepresenting the issues here.
of course not, John didnt come here to deal with facts… or he would have been pasting quotes from John key in 2007, 2012, 2013 and 2014 to show how affronted he is
And don’t forget the one who didn’t was upfront about it from Day One. He found himself in a dilemma because two of his financial supporters didn’t want their names publicly revealed. He was advised to create a trust to protect their identities. It was bad advice as it turned out but he knew he had to take the rap for it and he did.
So there was a clear moral difference too.
And of course David Cunliffe as soon as it was pointed out that such donations had to be registered in the Members register of gifts received did just that, along with giving back the donations where the donors wanted to remain anonymous,
There’s a mile of differences in that and what Banks accomplished from the point of deliberately having the Dotcom monies split into two cheques, through to attending the High Court trying to have an actual trial quashed and still despite the conviction appearing to deny any guilt…
Anne says “And don’t forget the one who didn’t was upfront about it from Day One. ”
No – he was only upfront after he got caught out.
Either way, they both did the same thing – tried to hide the identities of donors. Both gained the same advantage (not much)
I think both should be done for it. But David Cunliffe was lucky because what he did was only unethical – not actually against the rules.
Which makes him look highly hypocritical being first in line calling for Banks resignation.
His advisors should have told him to lie a bit low on this one.
But I’m not unhappy to see Banks go.
Either way, they both did the same thing
No, they didn’t.
Caught out doing what? Setting up a trust? In that case half the country should be under suspicion. You conveniently forget the deliberately hidden trusts the National Party have run under various disguises collecting millions of undeclared dollars over a period of time. Some of them may still be in existence. David Cunliffe set up a one very small trust for one specific purpose… to allow a few people’s identity to be protected at their request.
Can’t see the difference? No, just another r.w. fool who is being hoodwinked by John Key and his spin merchants.
The difference? Banks hid donations as anonymous when they weren’t, and Cunliffe hid donations as anonymous when they weren’t.
Anne says “to allow a few people’s identity to be protected at their request.”
Wrong. It was at David Cunliffe’s request – he even said so himself.
Cunliffe says, quote “I referred him on, but I was not aware of how that ended up. When people offered to help, they were referred to the trustee.”
By just repeating your false logic over and over doesn’t make it suddenly true or accurate.
John Banks broke a law. Cunliffe did not, you even admit this higher up but dismiss it because it contradicts your view they have done the same thing. Banks proceeded to cost us all hundreds of thousands in legal fees and court time and costs to avoid the very verdict just passed down. That is his right, but by your logic that moves him toward heinous.
Has John Banks refunded the $50,000 to Dotcom?
You’re a liar John.
I clearly remember Cunliffe being interviewed (TV1 and TV2) and revealing that some of his donors had asked for an assurance their identities would not be made public.
THAT IS WHY HE SET UP THE TRUST (TEMPORARILY) IN THE FIRST PLACE.
You’re a liar John.
I clearly remember Cunliffe being interviewed (TV1 and TV2) and revealing that some of his donors had asked for an assurance their identities would not be made public.
THAT IS WHY HE SET UP THE TRUST (TEMPORARILY) IN THE FIRST PLACE.
“And how should that compare to the punishment for hiding donations in a secret trust so they can be labelled anonymous? (i.e. as David Cunliffe did)”
Eh? Are you suggesting that Cunliffe actually knew who his donors were? I was under the impression that the trust was run by his campaign lawyer.
felix asks “Are you suggesting that Cunliffe actually knew who his donors were? ”
Yes – (at least according to David Cunliffe himself)
He is quoted in the Herald saying donors approached him directly, and he told them to put the money in the secret trust.
Taking your word for that, did he give a reason for using the trust? Was it so the donors could maintain their privacy? Or something else?
Actually John, having noted your weaseling in other responses, I don’t think I will take your word for that.
Sow me what he actually said.
Cunliffe “I referred him on, but I was not aware of how that ended up. When people offered to help, they were referred to the trustee.”
Regardless of whether he or the donor asked to use the trust, he is legally required to list ALL donations over $500 and who they are from.
He didn’t do that.
Which is illegal.
Whatever. The point is he didn’t know who donated to the trust.
Your attempt at an equivalence with Banks – who personally requested $$ amounts and personally received the money in brown envelopes and then pretended he didn’t know those people had donated – is ridiculous.
which law did he break and why do you think no one has reported it or taken a private prosecution?
So does Key think Kim Dotcom is standing as a candidate for the IP? Or is he as confused as Jamie Whyte. TV3 News tonight.
in the video, Whyte replies to the question about whether Banks will resign:
Karol, that last bit from the head ACTor, it tends to have me going sniff sniff, i smell something bad, bad in the same vein as Phillip alludes to in His comments above…
I dont believe people would speak openly of such collusion in the courtroom with anyone they didnt know in the room. My guy feeling is phil misheard a couple of words. I hope phil is wrong.
@ tracey..they were so in the moment..they didn’t see/notice me..and there was nobody else within earshot..i was the only one..
..they weren’t talking surrounded by people..
..and i ‘misheard’ not a word..
Well, all it shows to me is that Whtye is appalling as a communicator. And possibly that he didn’t really want to support Banks, but he had to avoid dissing him.
In reverse Whyte is saying that Banks wants to avoid a conviction so He will resign, what happens next will be interesting to say the least…
“John Key refuses to comment on John Banks ruling: “It’s still before the courts” while talking to media ‘daily’ about my extradition case.” KDC
https://twitter.com/KimDotcom/status/474396522956615680
“So does Key think Kim Dotcom is standing as a candidate for the IP?”
Nevermind, they have King Kapisi!
https://twitter.com/3NewsEditor/status/474758908855472128
Apples and oranges. John, above, is doing the same to make banks innocent and cunliffe guilty.
I seem to remember way back when Whyte first got the job as ACT leader, he made some cryptic remark to the effect that he could always walk away if things did not go well, or something similar.
Don’t have time/energy to find a link, but my thoughts at the time were that if the going got tough, he might well do that.
IMO he is incredibly naive politically (being generous!) but his interview on Morning Report and this tonight leave me gobsmacked. It is not spin or anything similar – just …. Would not surprise me if he did decide to throw it in, if he continues in this vein.
when banks spoke outside the court he framed everything as “we”
Why?
I noticed that also. I read it as Banks pushing the whole thing away from him personally by not using “I” – in effect subconscious denial.
Yes possibly. It may also be that he’s accustomed to claiming credibility by speaking on behalf of an imaginary political movement.
Peter Dunne does it too.
ROFL
I thought that too VeutoV, that it showed he doesn’t consider anything that just happened was about him personally… being an honest man, well “pretty” honest according to the PM.