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John Banks convicted

Written By: - Date published: 9:54 am, August 1st, 2014 - 86 comments
Categories: act, corruption, john banks, Politics - Tags:

In breaking news John Banks has not applied for a discharge without conviction and a conviction has been entered.  This is a realistic choice by him.  A discharge was never going to be given in a case like this.

But he could have faced reality back on June 5.  If a conviction had been entered then his Parliamentary career would have been over quicker.

The morality of this will need to be questioned.  The law is there so that Members of Parliament who commit serious offences lose the privilege.  By managing to delay the inevitable Banks has been able to continue to prop up John Key’s Government for a short period but you have to wonder at what cost.

I thought back in June that he may seek a discharge without conviction.  I also thought that his chances were exceedingly small.  He should have pleaded guilty if he wanted to have a chance.

I will update with the sentence once it has been announced.

Updated: 100 hours community work, and community detention has been ordered.  Although some will think this is lenient I think it is fair in all the circumstances given his age and the ending of his career.


 

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86 comments on “John Banks convicted ”

  1. shorts 1

    Wonder if he’ll do his community service at SkyCity

    no problem with his sentence, as you say seems lenient but he hasn’t gotten off scott free and thats the result I wanted

  2. Tom Jackson 2

    He should have been sentenced to hard labour.

    Oops, I meant sentenced to vote for Labour.

  3. riffer 3

    Yes… rich white man never go to jail.

  4. ianmac 4

    I expect his overseas travel may be curtailed. USA would not accept him. Wonder if his extensive travel perks as a long serving MP will be valid.
    Anyway justice has been done. Game over.

    • Minarch 4.1

      yep

      “crime of moral turpitude” i believe the americans call it ..

    • Anne 4.2

      Agree ianmac.

      He will probably do his community service with the SPCA. He has a chance to rehabilitate himself with public now. Lets hope he takes it.

      Oops… just seen he’s appealing his sentence. That means he won’t rehabilate himself. Oh well, he always did show signs of being a bit on the stupid side.

      • Draco T Bastard 4.2.1

        He considers that he did no wrong and that will never change no matter what the evidence shows and the courts decide.

  5. Clemgeopin 5

    I think he should have been put in jail for

    (1) at least a few months (Taito Philiip got 6 years)
    (2) fined a few thousand dollars at least.

    Is our justice system biased against the poor and the ordinary people in its sentencing but kinder to the famous, the wealthy and the privileged? Seems so to me.

    His sentence says, ‘Justice Edwin Wylie rejected a prison sentence and imposed two months of community detention that includes a curfew on Thursday, Friday, Saturday and Sunday nights from 7pm to 7am.’ Why is he prevented from moving around from 7 pm to 7 am on certain days of the week? What does that serve, huh?

    • TheContrarian 5.1

      “Taito Philiip got 6 years”

      Yeah but he was up on about 30 charges.

      • Tom Jackson 5.1.1

        And Field wasn’t white, which under NZ justice automatically gets him more time.

        Don’t you understand the rules!?!

        • Peter Matthews 5.1.1.1

          No, I think it might be the “about 30 charges” part.

          • Draco T Bastard 5.1.1.1.1

            No, evidence is that being poor and brown has a greater effect. Our justice system is horribly biased.

        • Macro 5.1.1.2

          But … But… But..
          ACT says Maori are privileged – Ahhh! now I understand what they want everyone to get more time in jail at the public expense!

  6. veutoviper 6

    I never thought that a discharge without conviction was a flyer in view of his lack of acceptance or guilt or remorse – and the likely public reaction.

    My initial reaction to the sentence, which includes only two months’ community detention with a curfew from 7pm to 7am only four nights a week, was that it was a bit light. But on reflection, it is probably about right taking into account the public humilation, and ramifications of the formal conviction. I think I am correct that the latter include restrictions on travel into certain countries, eg US, UK and Australia (?).

    But will it curb his ability to partake in his favourite recreation, flying, as lovingly reported on by the Herald’s gossip columnist just last week?

    http://t.co/7k7ujRvbeu

    PS – here is the Dept of Corrections’ information on ‘community detention’ for anyone interested.

    http://www.corrections.govt.nz/working_with_offenders/community_sentences/sentences_and_orders/community_detention.html

    • yes interesting – and I note that

      “The offender must wear an anklet 24 hours a day, seven days a week during their sentence.”

      I don’t think he’ll like that.

      • Clemgeopin 6.1.1

        I suppose he could mitigate his discomfort a little by having on the side of his anklet, a picture of his political master and benefactor, HashKey.

    • Murray Olsen 6.2

      Banks will be able to fly to Oz. He just needs a visa from the embassy. Convictions don’t mean an automatic ban, they just mean you lose automatic entry. The US might be more difficult, but is still possible. I have no idea about the UK, but most countries don’t even ask.

  7. bad12 7

    News from my wireless, RadioNZ National, Banks will now appeal the conviction claiming to have ‘the smoking gun’ which will prove His innocence…

  8. Ennui 8

    Such a sick puppy for so so long: lets hope this has euthanased his political career for good. Unfortunately he will probably pop up with a slot on Talk-back radio or on TV with minor luminaries such as Paul Henry. Pass me the sick bucket please.

    • bad12 8.1

      If my sneaking suspicion is correct, you will need a multiple of those sick buckets, Banks i suspect IF He can get the conviction overturned will then trade off His ‘innocence’ to have another go at the Auckland Mayoralty…(He aint spending all these big bucks on Legal Eagles for shits and giggles)…

  9. Kiwiri 9

    Quick question – is he still a Member of Parliament?

    Is he still drawing a parliamentary salary & other entitlements, courtesy of taxpayers?

    • No. He quit as an MP on June 13. He hasn’t been an MP for over 6 weeks.

      Has anyone noticed?

      • Lanthanide 9.1.1

        “Has anyone noticed?”

        No, because National have done everything possible to downplay how much they relied on him for voting legislation so as to distance themselves from a (now) convicted criminal as far as possible.

      • Rodel 9.1.2

        We have been ACTFREE for some six weeks. Let’s keep it that way Epsomites.

    • bad12 9.2

      I would assume Kiwiri, that as Banks ‘resigned’ and thus was not forced from the Parliament by a ‘conviction’ at the time He resigned, that He will be, if there are entitlements due Him as a previously serving MP, still be sucking at such a teat…

      • Colonial Viper 9.2.1

        lolz so the narrative that he resigned out of a sense of honour and propriety is simply so much horseshit rearranged to look like fertiliser.

        Nice one B12.

  10. But he could have faced reality back on June 5. If a conviction had been entered then his Parliamentary career would have been over quicker.

    The morality of this will need to be questioned. The law is there so that Members of Parliament who commit serious offences lose the privilege. By managing to delay the inevitable Banks has been able to continue to prop up John Key’s Government for a short period but you have to wonder at what cost.

    I think you’re off base here.

    Banks was found guilty on June 5. On June 8, he announced he would resign from Parliament. On June 13, his resignation took effect.

    So that’s a period of a bit over a week between delivery of verdict and his ceasing to be an MP. What is more, the House was not sitting at that time, so Banks’ vote wasn’t needed for anything during that period.

    Also note, when Banks resigned, that was the end of employment for not only his staff paid to support him as an MP, but Act’s staff employed out of Act’s parliamentary entitlements. So it wasn’t/isn’t just the job individual MP that got ended – there were other people’s lives who got upended by it. They may be Act members, but that doesn’t mean they’re not people who we might feel a bit of sympathy for.

    • Tracey 10.1

      I agree with this assessment insofar as Bank has deprived a number of people of their livelihoods. He is a wealthy man who is past retirement. The party of personal responsibility continues to have no idea what that means.Decisions cannot be made to spare banks because people will lose jobs per se. Perhaps banks could pay compensation to his former employees?

      I agree with the decision.

    • ghostwhowalksnz 10.2

      When he resigned as a Minister hiss staff got the boot as well. So what, they all know that

    • blue leopard 10.3

      Andrew Geddis,

      I hadn’t realised that peoples’ jobs would be affected by Mr Bank’s personal choices – that is sad.

      What a pity John Banks didn’t take the fates of his staff into account prior to choosing his course of actions. I guess he isn’t much of a team player. This is yet another reason why I think 100 hours community service is laughable. He not only ripped off the entire Auckland electorate and the democratic process – he also damaged his team’s working lives. 100 hours? Is that really going to discourage anyone else from taking the same course of action? I accept there is an humiliation aspect that is particularly acute for one of such standing – however there seems something very mild with this sentence just the same. His actions were an attack on an entire societal system. This is the type of behaviour that leads to a societies collapse if it is not firmly checked.

      If every white man… I mean… person who committed such acts in the last 10 years or so world-wide had been given jail time, our society might have a chance to recover from their damaging activities and become a more functioning and better place for many.

      What are the other types of crimes that ‘command’ 100 hours? I don’t know. Perhaps others do. It would be interesting to know.

    • mickysavage 10.4

      Fair call.

      To be honest when I wrote this in a haste I did not check the date and I was under the impression that Banks remained as an MP for longer than what he actually did.

      You are right it was only a few days.

      Perhaps I should have criticised the initial attempt to avoid the consequences of the finding of guilty rather than the delaying of the inevitable.

      • One Anonymous Bloke 10.4.1

        He still denies his guilt. I hope the crown successfully applies for a harsher sentence.

  11. meconism 11

    And will now appeal on provision of new evidence. Dear God when will he realise that it is over he is over and no one cares about him.

  12. tricledrown 12

    Back to talk back Radio I suppose for Media Jerks that will be his Joyce!

  13. i predict that on appeal..banks’ (wet bus-ticket-slap) sentence will be struck down..

    ..and his conviction will be quashed…

    ..they couldn’t do it this time..

    ..too dodgy pre-election..

    ..(about the only satisfaction from going to the sentencing was the brouhaha i had outside court afterwards..with slater senior..and david hay…on the subject of corruption..)

    • Hanswurst 13.1

      ..(about the only satisfaction from going to the sentencing was the brouhaha i had outside court afterwards..with slater senior..and david hay…on the subject of corruption..)

      I can just picture it:

      ” ..who do you..

      ” ..think you are supporting..

      ” ..an obvious fraud..

      ” ..and charlatan..

      ” ..to prop up..

      ” ..your rich mates..”

    • The Al1en 13.2

      Which is not really the same as

      5 June 2014 at 5:44 pm
      @ m.s..
      “..Hi North. I think the chances of a discharge without conviction are very low ..”

      “wd u like a wee wager on that one..?
      ..as i think that is what will happen..
      ..not for money..
      .but the one who is incorrect acknowledging the superior political-analysis tools of the other..?
      ..u up 4 that..?”

    • Tracey 13.3

      didnt ou hear that he was going for a discharge without conviction and would get it, at the end of the court hearing?v

      • phillip ure 13.3.1

        yes..i did hear that..

        ..but it’s not over yet…is it..?

        ..and believe me..i wanted that ‘hearing’ to be incorrect..

        • Tracey 13.3.1.1

          it was incorrect phil. He not only wasnt discharged without conviction, he didnt apply for it.

          • phillip ure 13.3.1.1.1

            and the appeal is against conviction..

            ..do try to keep up..!

            • phillip ure 13.3.1.1.1.1

              and to be precise..he had applied for it…the application was withdrawn this morn..

              ..’cos of the now greater goal of getting the conviction totally quashed..

              ..didn’t you say you trained as a lawyer..?

              ..why am i having to explain this to you..?

              • The Al1en

                Because of ‘new information’ which you had no idea about when you made your unilateral wager with MS.
                Cough..piker..cough

                • Te Reo Putake

                  New shit has come to light, maaan.

                  • McFlock

                    lol

                    Although Lebowski is still more reliable and comprehensible than pu ever will be.

                • mickysavage

                  Although it was discussed I don’t think that we agreed to a wager, certainly not with the same certainty as the infamous BLiP Big Bruv bet.

                  • felix

                    lolz that was actually a BLiP/BB bet. Never paid up either, the worm.

                    [I corrected it. I was under the impression that your sustained attack on BB was based on a pecuniary advantage although one that a charity was going to enjoy. Obviously your interest was entirely altruistic. My bad … MS]

                  • BLiP

                    Heh! Excellent record keeping. Good times, eh? I wonder what ever happened to BB – probably hanging around the infants’ section at the local cemetery or some such ghoulishness

              • Tracey

                because you were adamant there had been a backroom deal to get him discharged without conviction. If he wins his appeal he will be found not guilty which is nothing like being discharged without conviction legally.

                Just man up and admit you got that wrong Phil.

                I can post all your comments if you need refreshing

                • post them..

                  ..i reported a conversation i overheard after banks was found guilty..

                  ..and given who those people were..what was discussed had gravitas..

                  ..nothing more..nothing less..

                  ..i didn’t claim fucken e.s.p…

                  ..and you trained as a lawyer..

                  …and you can’t comprehend these recent moves..?..

                  ..are you kidding me..?

                  ..and that banks is going for an even better deal than discharge without conviction..

                  ..you don’t ‘get’ that..?

                  ..or is nitpicking on me more important..?

                  • mickysavage

                    Hey phillip

                    I remember reading your comment and wondering if it was the sort of thing that a lawyer would say to a client to make them feel better. Although I am interested to see what evidence Banks will produce and how this relates …

                    • @ m.s..

                      ..nah..!..it wasn’t a lawyer-client conversation..

                      ..it was first-names friends talking about another first-name friend..

                      ..and funny story..!

                      i arrived late for the sentencing..

                      ..so was standing @ the door of the court..in that crowd..

                      ..and at one stage..while the judge was still speaking..i said (sotto-voice/cynically) to those around me..

                      ..’yeah..and he will appeal to get the sentence overturned..’

                      ..and a voice behind me said:.”and for the conviction to be quashed’..

                      ..i turned my head..and lo and behold..

                      ..it was one of the two i had originally overheard…the legal side of it..

                      ..and he had a triumphant-smile on his face..and a twinkle in his eye…

                      ..so make of that what you will..

                      (n.b..this was said prior to actual sentencing..and so prior to post-sentence appeal announcement..to me it seems it was all well foretold…a fiendishly-cunning plan..?..)

                      ..and re new evidence ‘proving the innocence of banks’….?

                      ..yes..that will be interesting..(mainly to see if there is an fbi/spooking-connection..)

                      ..but i have more interest in the new evidence that macready sez is the basis of his next private-prosecution/go @ banks…

          • The Al1en 13.3.1.1.2

            Indeed, on todays events, clearly MS should get that superior political-analysis acknowledgement.

    • tricledrown 13.4

      poor old banks will have to go and work with the great unwashed and maybe learn something like a certain English lord who now trying to promote prison reform.
      A log way down for the once mighty Banks , One of his famous quotes when David Grey was Summarily executed (held down by police he was still struggling but provided no threat but was shot through the chest)when he was was the police Minister.
      One less scum on the streets was his sound bight!
      Now Banks might have to do some PD with these people oh how the once mighty have fallen!

  14. fambo 15

    So he got caught for one thing and given a light sentence on the assumption that this was an abberation of an otherwise lawabiding life.

    Usually when criminals are caught it is not their first offence but they have finally got unlucky and been caught. How big an iceberg is this is the tip of?

    • Hanswurst 15.1

      Unless there is direct evidence of wrongdoing in the past, that’s not the court’s job to decide.

    • Tracey 15.2

      would you like good behaviour and no record of prior offending to be of no relevance in ALL sentencing, including your own, if it ever occurred.

  15. i liked macreadys’ celebration-line..

    ..he was asked by the media how he wd be celebrating his victory over banks..

    ..and he said:..’i’ have to go and do my laundry’…

    ..(i thought that in general the media treated macready with a high degree of respect today…

    ..’cos no matter how you slice it…macready brought banks down..)

    • bad12 16.1

      Yep, round of Applause has to go to Graham Mac for dragging the criminal Banks into the Court where He belongs,

      A hat-tip to those who once it was found that Banks did have a case to answer worked behind the scenes to ensure that the Crown then prosecuted the case which even Graham Mac admitted was a bit above His pay grade,

      A nod is deserved in the direction of those, sometimes to the tune of hundreds of dollars,who kept the wolves of debt from Graham Macs door and helped get Him up to Auckland to pursue the original prosecution…

  16. Roflcopter 17

    Good outcome.

    Now I hope we can get the Police to take action on all the other outstanding Electoral Act breaches before them, and have exactly the same outcomes.

  17. Don't worry. Be happy 18

    Had to laugh on hearing John Banks ‘Perry Mason Moment’….he fluffed his lines at least three times. Raymond Burr was a trained deliverer of fiction after all.

  18. veutoviper 19

    So Banks is now to appeal on the basis of fresh evidence?

    http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11302429

    Banks said he respected the court and the judge’s finding before dropping the bombshell that there was further information not presented during trial.
    “Since the finding of guilt, fresh, new, unimpeachable, water-tight evidence has emerged. That new evidence completely contradicts much of the evidence given in the court,” he said.
    “We’re looking forward to taking that … to the Court of Appeal and in the process of time, that will completely exonerate me of these charges.”

    So, its Friday afternoon – so here is my guess as to this fresh, new, unimpeachable, water-tight evidence.

    The FBT, GCSB, SIS and or NZ police were hiding on the Dotcom Coatesville estate in a cabbage boat, disguised as a black swan – or giraffe – and recorded the conversations the day that Banks and his wife visited KDC for lunch and discussed the possible donation.

    These recordings were not kept in NZ but have since been found by one of the other Five Eyes countries, eg the US NSA. The reason that the FBI deputy head (?) visited NZ yesterday and met with Finlayson was to pass on the tapes.

  19. felix 20

    If I were advising Mr Banks I would tell him that the damage to his reputation has already been done and that no amount of legal manoeveuring will clear his name in the court of public opinion.

    He can however maintain some dignity and even earn some respect by accepting the (very reasonable) sentence with grace and genuine contrition, and humbly fulfilling the community work aspect in an area he is genuinely passionate about.

    He should then put the whole matter behind him and get on with the rest of his life.

    Unfortunately Mr Banks hardly ever comes to me for advice.

  20. adam 21

    Slightly off topic, as he’s not going to jail. But if you have not seen this I think most will enjoy.

  21. Penny Bright 22

    John Key and his raft of spin doctors must be tearing their hair out as they run around screaming “MAKE IT STOP!” How on earth are John Banks (frankly unbelievable) protestations of innocence and ongoing Court proceedings going to help ACTs electoral chances in Epsom, or this John Key led National Party’s electoral fortunes in this 2014 General Election campaign? Penny Bright

  22. locus 23

    Banksie finally getting the chance to work for the community for the first time in his life

  23. fdx 24

    John Banks is hurting. His reputation is in tatters, his wife has left him, his kids hate him and he cannot appear in public without some twat like me telling him what a twat he is.
    His sentence is for life.

  24. reason 25

    I’ve heard a rumor John Banks Lawyers will be submitting to the court a MRI scan of their clients brain which shows it to be in the advanced stages of Keyzheimer’s disease. This is much like Alzheimer’s but more selective in what it forgets.

    John Banks never stood a chance as this disease ravaged his mind which explains his initial reaction of ” Kim Dot Who?”, when first questioned over the matter.

    Banks can recall none of it which of course makes the donation anonymous by default.

    I hope he remembers what home to go back to in time for his ankle bracelet curfew.

    On a side note I appreciate Phil u’s post and use his site much like a daily newspaper as he posts lots of links which interest me.

    And I had much respect for him posting up his parliament question time reports ………. he listened to hundreds of hours of that shit so that people like me don’t have to and it kept me informed.

    As for his posting style ……… I take liberty’s with the english language but have found this link really helpful.

    😉

  25. Sable 26

    You have to laugh. NZ politics are a joke. The once Minister of Police now doing what? Maybe cleaning dunnies or painting walls as part of his community service? Who knows. In any case its yet another example of why people feel voting is a waste of time.

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