How can you forget $178,394 in campaign donations?
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9:53 am, September 1st, 2024 - 16 comments
Categories: corruption, election 2023, election funding, national, Politics -
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This is going to take some explaining.
The police have decided to take no action against National MP David MacLeod for failing to declare $178,394 in electoral donations. No this is not an Onion headline.
From Jo Moir at Radio New Zealand:
Police have decided not to take any action against National MP David MacLeod’s failure to disclose $178,394 in donations.
The Electoral Commission referred the matter to police in June after the MP for New Plymouth had a month earlier unveiled what he called an “inadvertent error”.
A police spokesperson said they had “completed their enquiries into this matter and no further action will be taken” in a statement to RNZ on Thursday.
The backbench MP had originally disclosed just $29,268 in donations from seven donors, but later amended it to $207,662 from 24 donors.
In May MacLeod said he thought he was filing a return for the 2023 year only, so left out 18 donations he had received when he became a candidate the previous year.
He also failed to disclose a $10,000 donation from 2023, which he said was a mistake he could not explain.
And one of the donations he *omitted* to declare was from someone possibly wanting to get on board the fast track consent waka.
As pointed out by Russell Norman at Greenpeace:
“One of MacLeod’s undeclared donations came from a major shareholder in the seabed mining company TTR that may benefit significantly from the Fast Track Bill. The fast track process is the only way the company has any chance of getting its destructive business off the ground,” says Norman.
“David MacLeod had a major undeclared conflict of interest while chairing the Environment Committee overseeing the Fast Track Bill. He had taken donations from someone with a significant financial interest in seeing the bill passed, yet he had unlawfully failed to declare these donations.
“This undeclared conflict of interest means that MacLeod has undermined the democratic process for considering the bill and may himself face charges of corrupt practice. How many submitters opposing the bill who were never heard by the Committee will now wonder if MacLeod had a role in the decision not to be heard?
The police had three options:
- Charge him with committing a corrupt practice by filing a false return knowing it to be false in a material particular.
- Charge him with committing an illegal practice by failing a false return even though he had no intention to conceal the donations AND had taken “all reasonable steps in the circumstances to ensure that the information in the return was accurate”.
- Do nothing.
He filed a false return. Filing an amended return is an admission of this.
When he signed the return I presume he read it. He would have noticed the words “[a] candidate return included any money, goods or services that are donated to a candidate, or a person on the candidate’s behalf, for use in the candidate’s campaign for election”. There is no time limitation. Donations made in 2022 are included.
And forgetting to mention a $10,000 donation received in 2023 is a mistake of its own. How can it be said that he took all reasonable steps in the circumstances to make sure this was disclosed?
The threshold for conviction for committing a corrupt practice by filing a false return is high.
But how can this not be an illegal practice? The level of ineptitude shown here is pretty extreme. How can it be said that he has all reasonable steps in the circumstances to ensure that the information in the return was accurate, when he managed to *miss* $178,394 in donations?
This brings back memories the prosecution of former Auckland Mayor and Cabinet Minister John Banks for filing a false electoral return.
Kim Dotcom claimed that he gave a donation of $50,000 split at Banks’ request, that the cheques were written out in the presence of Banks, and that Banks called him a few days later to thank him. The police investigated but declined to charge Banks. Accountant Graeme Mcready mounted a private prosecution and a Judge ruled that there was sufficient evidence for the case to proceed. The Solicitor General then took over the case. Banks was convicted but on appeal had the conviction quashed.
Because of limitation issues the option of charging him with the lesser offence of filing a false return and failing to take all reasonable steps in the circumstances to ensure that the information in the return was accurate was lost.
The IPCA considered complaints about the police handling of them matter. Very generously it declined to uphold the complaint.
Macleod may have breathed a sigh of relief at the news. But there is still time for this matter to referred to the courts.
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- Release: Over 15,000 sign Labour’s open letter to Luxon
As the hīkoi to Parliament continues, Labour has sent an open letter to Prime Minister Christopher Luxon in a last-ditch attempt to get him to kill the Treaty Principles Bill. ...1 week ago
- Fast Track Bill threatens environment, climate and reputation
The fast-track legislation passing its second reading in Parliament is another step towards environmental ruin. ...1 week ago
- Greens join King’s Counsel in calling for Treaty Principles Bill to be abandoned
The Prime Minister must answer the call from a group of senior lawyers of the King’s Counsel to abandon the divisive Treaty Principles Bill. ...1 week ago
- Chris Hipkins’ apology statement to state and faith-based care survivors
...1 week ago
- Release: Labour formally apologises to state and faith-based care survivors
Labour joins with the Government in unreservedly apologising for the abuse, neglect and trauma including torture in state and faith-based care and for ignoring the voices of survivors for too long. ...1 week ago
- Green Party stands in support of survivors of abuse in care
Today, the Green Party stands alongside the survivors of abuse in state care and faith-based care as the Government issues an historic apology. ...1 week ago
- Green Party calls for conscience vote on Treaty Principles Bill
The Green Party has written to the Speaker of the House requesting he enable a personal vote on the Treaty Principles Bill. ...2 weeks ago
- Govt move to exclude journalist risks chilling effect
The Green Party is alarmed by the Government’s move to exclude a journalist from covering this week’s apology for the survivors of abuse in state and faith-based care. ...2 weeks ago
- Without action, an apology will be empty air
For tomorrow’s apology to survivors of abuse in state and faith-based care to hold any water, the Government must not pursue the same policies that drove the abuse in the first place. ...2 weeks ago
- Release: Concerns remain over tobacco interference
Concerns about the tobacco industry’s ability to interfere in government policy making remain, despite the inability of the Office of the Auditor-General to investigate the Government’s decision to halve the excise tax on heated tobacco products. ...2 weeks ago
- Urgent wake-up call on climate
The Climate Change Commission’s latest advice indicates Aotearoa needs to be stepping up on climate action. ...2 weeks ago
- Green MP’s Meme-ber’s Bill set to save the world
Break out the punchlines and dust off your meme folder: Green Party MP Kahurangi Carter’s Copyright (Parody and Satire) Amendment Bill was pulled from the Ballot yesterday. ...2 weeks ago
- Release: Poroporoaki: Ta Robert (Bom) Gillies
Kua hinga te manawa kairākau o Te Rua Tekau Ma Waru Tiwhatiwha te po! Kakarauru i te po! Ka rapuhia kei hea koe kua riro! Haere e te Ika a Whiro ki o tini hoa kua ngaro atu ki te Pō ...2 weeks ago
- Labour, Greens and Te Pāti Māori call on the Prime Minister to block the Treaty Principles Bill
The opposition parties stand united for an Aotearoa that honours Te Tiriti, rather than seeking to rewrite it. Labour, the Greens and Te Pāti Māori are working together against the Government’s divisive Treaty Principles Bill. ...2 weeks ago
- Release: Labour, Greens and Te Pāti Māori call on the Prime Minister to block the Treaty Principle...
The opposition parties stand united for an Aotearoa that honours Te Tiriti, rather than seeking to rewrite it. Labour, the Greens and Te Pāti Māori are working together against the Government’s divisive Treaty Principles Bill. ...2 weeks ago
- NZ must pursue independent foreign policy
The Green Party says the need is greater than ever for Aotearoa New Zealand to pursue an independent foreign policy. ...2 weeks ago
- Release: Winston Peters must apologise
The Deputy Prime Minister should apologise to the public servant he named and blamed for something they did not do, and for misusing the rules of Parliament. ...2 weeks ago
- Government action provides Southland farmers more time to meet plan requirements
The Government is taking action to ensure Southland farmers and growers are not affected by unreasonable regional farm plan deadlines, Agriculture Minister Todd McClay, Environment Minister Penny Simmonds and Associate Environment Minister Andrew Hoggard say.“Cabinet has agreed to provide more time for farmers and growers to comply with regional rules ...13 hours ago - Bill reaffirms Government’s commitment to crack down on serious youth offending
The Oranga Tamariki (Responding to Serious Youth Offending) Bill had its first reading at Parliament today. The Bill reaffirms the Government’s commitment to crack down on serious youth offending, Minister for Children Karen Chhour says. “In recent years we have seen an unacceptable spike in youth offending. “This Bill makes ...13 hours ago
- Critical milestones for earthquake buildings review
Fairer, more sensible rules about managing earthquake risks are a step closer with the passing of legislation and the appointment of an independent chair to provide expert advice, Minister for Building and Construction Chris Penk says. “The Government is committed to reinvigorating our cities and regions to support economic growth, ...14 hours ago
- State of the art radiology machine for Auckland
People in Northland and Auckland will benefit from a new machine for cancer treatment installed at the Regional Cancer and Blood Service at Auckland City Hospital. The MV5 linear accelerator, or LINAC machine, officially opened today targets cancer tumours with pinpoint accuracy. Health Minister Dr Shane Reti says this new, ...14 hours ago
- Foreign Minister to visit Europe
Deputy Prime Minister and Foreign Minister Winston Peters will travel to Europe for high-level talks with France, Germany and the United Kingdom next week. "Since taking office almost a year ago, the Coalition Government has emphasised the importance we place on New Zealand's traditional and likeminded diplomatic and ...15 hours ago
- First arrests made under gang patch ban
Police have made their first arrests under the new gang patch legislation, with two gang members arrested, says Police Minister Mark Mitchell. “Just before 11 this morning, Police in Wairoa apprehended a gang member for wearing a patch to the supermarket. He has been arrested and will now face enforcement ...16 hours ago
- Better support for victims of sexual violence
The Government is proposing two major changes to name suppression laws that will put the views of victims of sexual violence first, Justice Minister Paul Goldsmith says. “We are committed to restoring law and order and these two proposed changes will help ensure the victims of crime are put at ...17 hours ago
- Government moving forward with Regional Deals
Cabinet has agreed to invite all regions to submit proposals for Regional Deals between central and local government that drive economic growth and deliver the infrastructure our country needs, Local Government Minister Simeon Brown and Infrastructure Minister Chris Bishop say. Inviting all regions to propose a Regional Deal that boosts ...17 hours ago
- MSA pilot participant update
One of the ten young men selected to participate in the Military-Style Academy Pilot has allegedly reoffended. Children’s Minister Karen Chhour is disappointed but says it would be naïve to think that none of these young men would reoffend. “I’m saddened that this young person has not taken this opportunity ...18 hours ago
- Attendance rates increase, again
Associate Education Minister David Seymour says that school attendance is continuing to rise. In Term 3 of 2024 51.3 per cent of students attended school regularly, an increase of 5.3 percentage points from 46 per cent in Term 3 of 2023. “This Government has prioritised student attendance and it is ...19 hours ago
- Improving the lives of young New Zealanders
Ensuring New Zealand is the best place in the world for children and young people is the vision at the heart of the Government’s new Child and Youth Strategy, Child Poverty Reduction Minister Louise Upston says. “Childhood represents a huge opportunity to set people on a positive path towards living ...22 hours ago
- Government continues work to reinstate livestock exports by sea
The Government is reinstating the trade of livestock exports by sea while ensuring the highest standards of animal welfare, says Associate Minister of Agriculture Andrew Hoggard.“The Government will introduce legislation changes to reinstate the trade, enhance oversight, and strengthen requirements for exporters to identify risks and manage the welfare of ...1 day ago
- Speech to the National Quality Forum 2024
Tēnā koutou katoa – it is a pleasure to be here today. I would like to begin by acknowledging the important leadership role you all play in ensuring a quality health system New Zealanders can trust. There is enormous clinical expertise in this room covering a wide range of disciplines. ...2 days ago
- New Zealand’s COP29 National Statement
Tēnā koutou katoa. Mr President, Excellencies, Delegates. New Zealand, and all nations represented here today, are already dealing with the impacts of climate change. Our households, businesses, and economies are bearing the costs of its effects. The choices we make now will shape the severity of these impacts for generations ...2 days ago
- Latest Quarterly Investment Report released
The Government has released its second Quarterly Investment Report (QIR) which shows substantial work still to be done by agencies to improve investment reporting and meet the Government’s expectations, Infrastructure and Acting Finance Minister Chris Bishop says. “New Zealand has significant infrastructure and investment needs. The Government is determined to get ...2 days ago
- New Zealand supporting loss and damage fund
Climate Change Minister Simon Watts announced New Zealand will contribute NZ$10 million to the new Fund for Responding to Loss and Damage while at the annual United Nations Climate Change Conference (COP29) in Baku, Azerbaijan. “New Zealand is joining the global effort to address the significant challenge of responding to ...2 days ago
- Gang crackdown begins at stroke of midnight
The free ride for gangs is over when the clock strikes midnight tonight, with tough new laws officially coming into effect, Justice Minister Paul Goldsmith and Police Minister Mark Mitchell say. “Gang patches will no longer be able to be worn in public. To earn the right to wear a ...2 days ago
- LGFA increases borrowing capacity to support high growth councils
The Government is welcoming the decision by the Local Government Funding Agency to increase access to financing tools for fast growing councils to support greater investment in critical infrastructure, Local Government Minister Simeon Brown says.“Communities across the country are facing an infrastructure deficit and significant population growth is projected in ...2 days ago
- Temporary Traffic Management costs revealed
The Government has revealed that over the past three years, the New Zealand Transport Agency (NZTA) has spent an eyewatering $786 million of taxpayers’ money on road cones and temporary traffic management (TTM), Transport Minister Simeon Brown says.“When I became Minister, I was surprised to learn that that NZTA did ...2 days ago
- Jurisdiction of Disputes Tribunal to double
Legislation that will double the financial jurisdiction of the Disputes Tribunal from $30,000 to $60,000 has passed first reading in Parliament today, Justice Minister Paul Goldsmith. “We need to improve court timeliness and access to justice so that Kiwis and get on with their lives. Court delays affect everyone, the ...2 days ago
- Protecting New Zealand from foreign interference
Legislation that will specifically criminalise foreign interference and strengthen espionage offences has passed first reading in Parliament today, Justice Minister Paul Goldsmith says. “It is normal and appropriate for states to interact and work to influence one another. This encourages cooperation and can have mutually beneficial outcomes. “However, the reality ...2 days ago
- Significant milestone for Canterbury Road of National Significance
Transport Minister Simeon Brown has welcomed news that the NZ Transport Agency (NZTA) Board has approved funding towards pre-implementation and early works on the State Highway 1 (SH1) Belfast to Pegasus Motorway and Woodend Bypass Road of National Significance (RoNS). “Reaching this significant milestone is a reflection of our Government’s ...3 days ago
- Health survey results to help drive change
Health Minister Dr Shane Reti says findings from the annual Health Survey highlight the need to continue driving better health outcomes for New Zealanders. The New Zealand Health Survey is an annual snapshot of key metrics measured from July 2023 – July 2024. Findings released this morning include: In 2023/24, ...3 days ago
- Final push needed to get to Smokefree 2025
A renewed effort to get people to quit smoking will build on what has worked to date and target the groups who most need support, Associate Health Minister Casey Costello said today. “The latest New Zealand Health Survey results show the daily smoking rate at 6.9 per cent and we ...3 days ago
- New diplomatic appointments
Foreign Affairs Minister Winston Peters has announced four new diplomatic appointments. “Our diplomats play an important role in ensuring New Zealand’s interests are maintained and enhanced across the world,” Mr Peters says. “It is a pleasure to announce the appointment of these senior diplomats from the Ministry of Foreign ...3 days ago
- Next steps for Regulatory Standards Bill
Regulation Minister David Seymour has today announced the next steps in the Government’s plan improve the quality of regulation by opening consultation on a proposed Regulatory Standards Bill. “New Zealand's low wages can be blamed on low productivity, and low productivity can be blamed on poor regulation,” says Mr Seymour. ...3 days ago
- Red Tape Tipline goes live
Minister for Regulation David Seymour has today announced that the Ministry for Regulation’s Red Tape Tipline is now live. “We want to hear about your red tape horror stories. From today, New Zealanders will have a say on how they are regulated through an online portal,” says Mr Seymour. The ...3 days ago
- Youth Parliament 2025 announced
The Minister for Youth Matt Doocey has today announced the eleventh Youth Parliament will be taking place in 2025. “Youth Parliament offers a unique youth development opportunity to young people from across New Zealand to experience the political process and learn about how government works,” says Mr Doocey. “The two-day ...4 days ago
- Police stats show promising change
After nearly a year in Government, Kiwis have seen significant change across law and order with promising early results shown across some Police statistics, says Police Minister Mark Mitchell. “In August 2023, I told New Zealanders that if they had not started to see a change in public safety within ...4 days ago
- Better coordination of anti-scam efforts
With the launch of Fraud Awareness Week, the Government is committing to new coordination efforts across industry and government to combat online scams, Commerce and Consumer Affairs Minister Andrew Bayly says. “Online financial scams are a growing problem for New Zealand. New data released today shows that Kiwis lost nearly ...4 days ago
- Minister to consider 7AA select committee report
Minister for Children Karen Chhour will consider the recommendations made by the Social Services and Community Committee in its report back to Parliament on the Oranga Tamariki (Repeal of Section 7AA) Amendment Bill. “I want to thank the people who made submissions and those who appeared before the committee in ...4 days ago
- Defence Minister to attend ASEAN meeting
Defence Minister Judith Collins will this week attend the Association of Southeast Asian Nations (ASEAN) Defence Ministers’ Meeting-Plus in Vientiane, Laos. “We need to take every opportunity to engage with our international partners, given the increasingly unstable geo-political situation,” Ms Collins says. “New Zealand has a long-standing commitment to this ...4 days ago
- Launching the White Ribbon Ride
The Minister for the Prevention of Family and Sexual Violence, Karen Chhour, was on hand to wish riders well at the start of the North Island leg of the White Ribbon Ride in Whakatāne this morning. The ride helps mark the International Day for the Elimination of Violence against Women, ...5 days ago
- Construction to begin on next stage of Papakura to Drury
Construction on the next stage of the SH1 Papakura to Drury project will begin early next month, with the contract for works awarded to Fulton Hogan, Transport Minister Simeon Brown says. "SH1 Papakura to Drury is a key project that will drive economic growth and productivity, reduce congestion, and enable people ...6 days ago
- NZ signs trade deal with Costa Rica, Iceland and Switzerland
Trade and Agriculture Minister Todd McClay has signed a pioneering trade agreement that prioritises New Zealand’s sustainable exports at a ceremony during APEC in Peru today. “The Agreement on Trade and Sustainability (ACCTS), between Costa Rica, Iceland, and Switzerland was concluded in July of this year and opens up significant ...6 days ago
- Government and iwi work together on aquaculture
Five new Aquaculture Settlement Areas will help ensure Ngāi Tahu shares in the opportunities aquaculture offers for Southland’s economy, Oceans and Fisheries Minister Shane Jones says. “The Aquaculture Settlement Areas (ASAs) I’m announcing today set aside space so the Crown and Ngāi Tahu can assess their potential for aquaculture development. ...7 days ago
- Government launches review to ensure electricity market is fit-for-purpose
The terms of reference for a review of the performance of the electricity market have been released. The review, initiated by the Coalition Government during the power crisis in winter will look at whether current regulations and market design support economic growth and access to reliable and affordable electricity, Energy Minister ...7 days ago
- Speech to Social Investment Hui: Jack and his whānau need our help
Kia ora koutou katoa. Nau mai, haere mai, piki mai. Ki te mihi atu ahau, ki te manwhenua nei, Te Atiawa, Ngāti toa rangatira, tēnā koutou, tēnā koutou, tēnā koutou katoa. Thank you, Andy, for your introduction. Let me acknowledge you as the new Chief Executive of the Social Investment ...7 days ago
- Minister of State for Trade heads to Brisbane for PACER Plus meeting
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- Proposals to modernise conservation released
Toitū te taiao – Our environment endures The Government is consulting on proposals to modernise New Zealand’s conservation management system, aiming to protect relevant natural areas while supporting sustainable growth in tourism and regional economies, Conservation Minister Tama Potaka says. “Today, the Department of Conservation – Te Papa Atawhai is ...7 days ago
- This week three parties stood together – can they withstand the storm to come?
There is plenty yet to play out, but the next election is at this rate shaping up as trio versus trio, writes Toby Manhire. A subplot of this week’s historic hīkoi mō te Tiriti has been the sight of the three opposition parties presenting a unified front. Te Pāti Māori ...34 minutes ago - All 33 malls in Auckland ranked from worst to best
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- Newsroom daily quiz, Friday 22 November
Loading…(function(i,s,o,g,r,a,m){var ql=document.querySelectorAll('A[data-quiz],DIV[data-quiz]'); if(ql){if(ql.length){for(var k=0;k<ql.length;k++){ql[k].id='quiz-embed-'+k;ql[k].href="javascript:var i=document.getElementById('quiz-embed-"+k+"');try{qz.startQuiz(i)}catch(e){i.start=1;i.style.cursor='wait';i.style.opacity='0.5'};void(0);"}}};i['QP']=r;i[r]=i[r]||function(){(i[r].q=i[r].q||[]).push(arguments)},i[r].l=1*new Date();a=s.createElement(o),m=s.getElementsByTagName(o)[0];a.async=1;a.src=g;m.parentNode.insertBefore(a,m)})(window,document,'script','https://take.quiz-maker.com/3012/CDN/quiz-embed-v1.js','qp');Got a good quiz question? Send Newsroom your questions.The post Newsroom daily quiz, Friday 22 November appeared first on Newsroom. ...35 minutes ago - Daily crossword, Friday 22 November
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Unbelievable, but far from surprising.
Hmm ….Anyone about able to mount a private prosecution?
I will chip in $50 if there's a gofundme or even just an account number for it
I'd pay thousands to help start a private prosecution. In my view this has to be viewed as being corrupt behaviour regardless of it is 'inadvertent' or not.
As Russell Norman points out, that he was the chair of the environment select committee briefly looking at the Fast Track legislation gave him a lot of control about what submissions got looked at. From memory, the time allocated to select committee for the fat cat legislation was minimal, most of the speakers selected were in favour of it, and most of the voices who put in submissions were against.
There is an obvious prima facie case based on the 2023 $10,000 which was hardly inadvertent. I'd want to go through the 2022 donations to see which ones look like a corrupt practice in any way – by the candidate, secretary or promoter. Looks like the candidate has already accepted the responsibility for having signed off on the statements.
I suspect we'd need a good accountant, and I suspect that discovery will require a lengthy set of hearings. a max prison sentence of 2 years under 224 (1) (a) would require the candidate to attend court under bail conditions.
Anyone else keen?
I am getting a bit pissed of with what has the appearance of corrupt vote and influence buying with this government. This looks like an ideal way to use the process of a private prosecution to send a harsh message about obeying the bloody laws (inadequate as they are).
Besides, if we don't use the private prosecutions for the purpose that they were intended for – holding the police to account for inexplicable failures to prosecute – then the process itself will fall into abeyance.
To be precise, I think that this is a case that the police should always put in front of a court. Their potential for self-interest is too high.
Can't help with the groundwork, but happy to chip in on the scale you suggested.
Maybe start here? https://givealittle.co.nz/
Good point. I need to do some research this week. In particular about when the 6 month limit after discovery of the crime by the electoral commission was.
Would certainly give an indication of concern and indignation on this decision.
We have become a corrupt country
Not the whole country. A corrupt cabal has fooled the public and seized power on a platform of fear and disinformation.
3 wankers conspired with oligarchs and shadowy foreign assets to poison the discourse and purchase the election.
It is possible that the police decided against prosecution because they believed the case would be dragged out interminably in court (aided and abetted by the National Party war chest of course) so it simply was not worth the bother and would not be complete until near the next election.
Of course, it also could be insinuated that there was political meddling in the judicial process and the police were told not to go ahead with any prosecution if they wanted the promised increase in resources to go ahead.
We don't know and we will probably never find out because nobody will say anything. Nothing to see here, move on, business as usual – the usual National Party way of doing things.
I definitely agree that the Electoral Commission needs more teeth and not just because of this latest National jiggery pokery. I have been saying this for years.
Winston normally has some litigation going prior to each General Election, generally a Smear Campaign by the Right Wingers to destroy his credibility however now they have had to eat humble pie and have jumped into bed with him and NZ First.
The police are certainly not immune from being bought. Indeed it would not be the first time they have turned a blind eye to corrupt political practices. Since such behaviour is, by and large, the province of the white, rich class, then it does not portray them in a very good light.
One rule for the Rich, one Rule for the Poor.
Let's accept the outcome for a moment.
This man who can't understand the instructions in a simple return form is part of the highest level of strategic thinking and planning in the country.
We should be very afraid.
My thoughts too thinker.
Well they don't prosecute anyone for anything these days so it's a stretch to think they're going to push the boat out to prosecute a politician. Especially after JT has skated 2 or 3 times. Very hard to indulge in any 2 tier policing when you know the next cab of the rank is going to be used as a direct comparator.
Tip of the iceberg being going on for decades