Written By:
mickysavage - Date published:
3:14 pm, October 16th, 2013 - 120 comments
Categories: act, national/act government -
Tags: john banks, kim dotcom, sky city
Judge Gittos has ruled that the private prosecution against John Banks is to proceed. I understand the Judge says that the issue at trial is whether Banks closed his eyes to the obvious and that the evidence shows an apparent intention of Banks to treat Kim Dotcom’s donations as anonymous when clearly they were not.
The Herald has reported on the evidence adduced.
The decision came after hearing yesterday during which internet mogul Kim Dotcom gave evidence that he was offended when told Banks wanted his $50,000 mayoral campaign donation to be anonymous.
Mr Dotcom said he was asked to split his donation into two anonymous $25,000 cheques.
“My reaction at first was I asked him why and I kind of felt offended,” he told the court.
Mr Dotcom also confirmed Banks was flown in his private helicopter from Mechanics Bay in central Auckland to the Dotcom mansion in Coatesville in 2010.
Mr Dotcom’s head of security Wayne Tempero also gave evidence of being present on the helicopter flight, and at a meeting in Coatesville when the two $25,000 cheques were discussed.
Possibly of greater concern for Banks will be the evidence of SkyCity boss Nigel Morrison who told the court of handing Banks a cheque in an envelope at a meeting in 2010. This donation was handed over during a 10-minute meeting in Mr Morrison’s office.
As Mike Smith has pointed out this evidence is hard to reconcile with Banks telling Key that he could not remember receiving donations from Dotcom and SkyCity.
Either Banks’ memory is in terrible shape or he is telling fibs. Either way he should be no longer in Cabinet.
UPDATE: TV3 is reporting that Banks looks set to be stood down as a minister.
Prime Minister John Key says he will read the court judgment and speak to Mr Banks before announcing a decision on his future this afternoon.
This could be a long 12 months for Banks and for Key.
Update: Banks has stood down from his Ministerial portfolios – will remain as an ACT MP
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I know nothink! Banksie bye, bye.
Snap Election here we come
Why? Banks can be stood down as a Minister, and presumably his party can drop his membership, but no-one can fire him from being an MP.
A timeframe on the court-case would be useful. I assume NACT will play for time and say he is not guilty.
Actually, if the case carries a maximum sentence of two years jail or more then Banks will be kicked out of parliament. That’s the maximum sentence, he doesn’t have to receive that long a sentence.
Spot on
+1
You mean if he is found guilty? Or that if a charge is brought that has a maximum sentence of two years or more?
I was meaning at the moment. I thought Enough was saying that Banks having a prosecution against him would mean a snap election now.
Yes, if found guilty which going to take awhile because Banks will be appealing every chance he’s got.
What does the electoral legislation say?
Found guilty is found guilty right? Does it say found guilty subject to no appeals remaining?
An appeal is a stay upon the execution of the sentence. As long as an appeal is outstanding then sentence doesn’t apply. This has nothing to do with electoral law.
At least, that’s as I understand it.
The issue is that he will attempt to appeal every single aspect of the process along the way, quite apart from the final verdict once the case actually reaches trial. So as I understand it the substantive hearing on whether he committed the offences is due to begin in December, but prior to that (and at the last possible moment, most likely) Banks will appeal the decision to commit him to trial.
Leave of the court will probably be required to appeal the various procedural decisions made along the way, but one expects that Banks will attempt to delay delay delay to stop the case actually going to trial before Election 2014, and that if a guilty verdict is reached, he will then appeal that too.
Wrong and Incorrect.
Engage mind before ststing untruths
Good job. Is there a book big enough to throw at him? I hope so.
Does this mean that Banks should be stood down as a minister?
Turei is saying Banks should abstain from NZICC SkyCity Bill due to possible conflict of interest.
Nope leave him there to remind folks the rancid nature of this cronyism elitist bunch sitting atop our nation.
KDC will move on to the smiling assassin next.
There is clear conflict here. Even if not stood down, he should not vote.
As far as I can tell the police were in receipt of exactly the same information a year or more ago, yet they ruled that “there was insufficient evidence to prosecute John Banks”. I see it as further evidence that the police treat certain politicians differently to other people. In other words, if your a NAct pollie we will cover for you…
As far as I can tell the police were in receipt of exactly the same information a year or more ago, yet they ruled that “there was insufficient evidence to prosecute John Banks”. I see it as further evidence that the police treat politicians differently to other people. In other words, if your a NAct or Labour pollie we will cover for you…
FIFY
Except that the Labour pollie got charged.
Exactly. Thank-you DTB. (thought someone might try to pull that one…)
No you didn’t.
See http://thestandard.org.nz/john-banks-to-stand-trial/#comment-711056
sockpuppet – you abysmally failed to fix it. “If you’re a..”, not “If your a..”
@Anne 3.29pm
the police were in receipt of exactly the same information a year or more ago, yet they ruled that “there was insufficient evidence to prosecute John Banks”. I see it as further evidence that the police treat certain politicians differently to other people.
+1
Another slap in the face for NZ police.
It’s not just in respect to dealing with their treatment of politicians, in general, expecting and/or relying upon the police to act in good faith has almost become a thing of the past.
Banks is a former Police Minister so of course he would get special treatment from Police. Apart from the fact that police seem to love the National Party. Look how many former police members are now either in local or National politics and always it seems on the right. Banks used to go out of his way to don his Trench coat and visit every crime situation he could. He was also responsible for adding 600 extra police to their staffing but of course he ripped the Traffic Police apart to achieve that increase.
Bit ironic though he’s now been charged with an illegal offence by no less than a high court judge. If he’s found guilty – and the entire country knows he is guilty – then he’ll have a criminal record. Hilarious. Yet another nail in the credibility coffin of the NZ Police.
Like father, like son. At least Archie (The Fence) Banks only ripped off rich pricks.
Mum always said you can’t tell just one lie, you’ll need a few more to attempt plausibility.
Watch bansky and shonkey go all ‘due process’ and ‘matter for the courts’ on this.
The hollowmen really should have chosen better then dim witted JB to parachute into the ACT brand.
At last…
http://www.stuff.co.nz/national/crime/9290636/John-Banks-to-stand-trial
The trial will be in election year.
Time for Key to be the smiling assassin … “Banks a first-rate Minister … loyal and hard-working … regret … unnecessary distraction … stand aside … full confidence … he’s toast”.
If Key clings on to Banks now, Cunliffe can start redecorating the ninth floor.
Key, on Banks : “still has faith in him…a very trustworthy and credible individual” and a Hospitalier . -Brent Edwards RNZ. hmmm, peas.pod.
Yes Rogue that was an amusing segment:
Mary Wilson noted in a drier than usual tone that… John Key said he was relaxed about it. Brent
Edwards replied in an even more understated way than his usual… Yes, he’s very relaxed about it. Loved it for its subtlety.
yes, some inciteful (sic) listening to be had at times. I don’t have Freeview at the mo’ so I catch the noon and evening segments to break the silence briefly. Sometimes some interesting academic topics discussed in the later evening.
Key’s government now feels distinctly like it is terminal.
“Mr Field has been suspended on full pay while police investigate allegations against him that he accepted cheap labour on his properties from people he helped with immigration.”
I’m sure this Judge and the one before him have got it all wrong, they just need Mr Key to set them straight on the legalities of it all.
Given the arrest of Zim Dotcom and the refusal of Mr Banks to assist him while in prison, there is now a certain irony in Mr Banks now facing the long arm of the law and possible destruction of his credibility and his role as ACT MP.
What goes around….
“possible destruction of his credibility ”
Just a question.
What Bloody credibility?
where are all the right wingers who call for Lens head, calling for Banks’?
Ah. Banksie’s corruption is all about corruption of democracy. The right clearly have no problem with that. That worry more about sexual affairs.
😉
Right wingers – more concerned with erections than elections
Mr Key, commenting for the first time this afternoon on the Mayor’s sex scandal, said it was “a matter for Len Brown and his family”.
“I’m not going to express a view on that … In the end, that’s the matter for the politician.”
Asked whether he felt Mr Brown’s actions could destabilise council at a time when the Government was working with it on crucial housing initiatives, Mr Key said: “No, I don’t think so. In the end, Len’s got a job to do as the Mayor of Auckland.
“He’s always worked very effectively with the Government. From the Government’s point of view, we’re interested in the things that matter to Auckland, and that is certainly housing … as is transport, and we’ll be talking to Len about those issues, not other issues.”
He added: “I intend to work with him as the Mayor of Auckland, and in the end my job is to work with elected officials and get the job done for Auckland.”
For once I agree with John Key…”a matter for Len Brown and his family”…Yes!
Indeed Chooky.
A more cynical commenter might suggest that Key has a fucking cheek to take such a principled stance while being leader of the party that runs the machine that employs Slater to spread this muck in the first place.
But not me. Good on Mr Key I say.
Key admitted on TV tonight the first he knew of it was when he read it on Whale-oil . Presumably that’s his first source of public information – that or Fox .
What a plonker .
Can we get back to discussing John Banks, please?
There’s other threads for discussing Brown and Slater.
[lprent: Aye. The “or else” just sprung to mind. But so did the push the comment thread to the bottom ]
“where are all the right wingers who call for Lens head, calling for Banks’?”
lolz, you make it sound like all those sockpuppets are different people.
“Prime Minister John Key said he intended to read the judgement this afternoon.”
He’s going to read something at last. Hope he reads the one that preceded it too.
I reckon Key is only going to read the judgement to see if he can stretch the case out until after the SkyCity legislation passes. It’s all a little concerning for him right now, before it wasn’t. By reading it, it gives him options.
Well at least “higher standards” PM Key is apparently going to at least read the court judgement unlike the NZ Police Report where Banksie squiggled out on a technicality only.
Edit: My good manners are stretched here, Banksie is such filth and has been given such latitude over the years that his time better be up. Off the green leather benches is the least punishment the swine deserves.
And John Banks response is the Judge is wrong to send him to trial and it’s all deny, deny, deny…….
http://thestandard.org.nz/john-banks-to-stand-trial/#comment-711056
Didn’t Key call on Clark to sack Peters, someone from a different party?
Key is saying he will decide this afternoon…decide waht? Didnt he say back when this began and when the police report came out that he couldnt do anything about someone in another party
Anyone else spot the contradiction in here?
” Banks said the private prosecution has been “long, uphill and convoluted” and he would pursue options to avoid a trial .
“We thought we would put the matter away today … But we haven’t. There are many more steps we can take and a number of options we can pursue ,” he said.
“I am relaxed, from day one I told you I had nothing to fear and I have nothing to hide and in the process of time and court procedures we will put this together and then move on.”
I imagine that ACT, party of personal responsibility and cutting back on government waste (spending) will announce that Banks will be suspended on NO pay…
Good point, Tracey, however Roger Douglas doesn’t agree.
http://www.stuff.co.nz/national/politics/2705957/I-m-entitled-says-Douglas
Interesting that an Aussie news site, Nine News, says Banks is likely to be stood down:
Also, MSM NZ News:
They’re closer to the Crosby Textor head office. They probably knew what Key would do before he did.
NO WONDER the PM has not itme to read pesky reports
“The Prime Minister was confident that the scandal had not been publicised or generated by anyone related to the National Party.
“I don’t have any details … the first I heard about it was when I read it on the Whale Oil blog site.”
So Banks told the PM he would resign if he was to go to trial, last week.
So we pay him while he clars his name and stands for Epsom… not giving up the salary Johnny??? Gonna suck on the public tit???
Banks has stood down –
https://twitter.com/LIVENewsDesk/status/390321587469037568
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11141129
… and we pay him to do nothing … that’s the ACT way, one set of riles for the rich and one for the beneficiaries
Nice very nice, hat tip to that bloke McCready for proceeding against the odds with His private prosecution of Banks,
And yet another brick gets a kick in what is the increasingly shaky wall of Slippery’s National Government,
i cannot see how Banks can escape the noose that these charges are for His political career, the already convicted,(in the Wellington District Court), Banks shows a cavalier disrespect for the Law attempting to hoodwink the Court on a technical detail,
If Banks is convicted, and how could He not be, how could He not know of the Sky City and DotCom donations which were given to Him personally, then further shame must be heaped upon the NZ Police for their abject failure not to uphold the Law by claiming their was insufficient evidence to prosecute Banks,
Pity the case is being held in Auckland, i would love to be a spectator and to remind Banks of the advice i gave Him all those years ago when He received His first conviction…
As far as I know it, if found guilty, and there is a minimum of two years imprisonment as a potential outcome, even if banks is only given a fine, the fact that he was found guilty of a crime that allowed for a minimum of two years imprisonment, he will have to leave parliament in disgrace. National won’t want to win Epsom as they will then lose their majority unless maori party sides with them on everything. It’ll be maori party or snap election…
The jail term thing seems to be contradicted in places. Some say its a minimum, others say its a maximum. And wtf is up with banks calling it a homicide enquiry on stuff?
Yeah the homicide inquiry thing was weird:
I suspect that the only thing he’s guilty of murdering is common sense.
Hey that’s unfair, he didn’t come up the river on a cabbage boat!
Perhaps a Freudian slip?
They just haven’t found the body yet…
lol
It’s further evidence he treats the law with contempt, in his mind it’s nothing because he didn’t commit murder.
Banks will now start various appeals to the Court which will simply eat away the time between now and November 2014,
There is NO corruption in New Zealand,(only coz no one much is looking for it),
Watch for these people to attempt to arrange Banks trial for the point where the Parliament is dissolved prior to the next election…
Nope. If National win the by-election they gain an additional seat, so will have a majority on their own. Ironic eh?
The only time they would have to rely on the Maori party is the time the Epsom seat is vacated.
Say bye bye ACT, say bye bye Conservatives. Good outcome.
Banks in prison? Just one day would do and please could I have a photo… or is that Schadenfreude ….Oh who cares?
But still.. anyone who gave $50,000 to keep Banks in power has to be suspect.
By the way Auckland.. congratulations on your choice of Mayoral candidates…
what about his moral integrity, and his treatment of the poor woman?
Do you want to discuss the matter of John Banks’ 2010 Mayoral Campaign donations or the matter of Len Brown’s 2 year affair with a C & R aligned council aspirant. They are not the same thing.
What about Banks’ (alleged) illegal corruption, plus his gaming of the Epsom electorate – anti-democratic and damaging to large numbers of New Zealanders?
Of topic attempt at distraction.
Agreed, DTB. I’ll delete my comments as they FTT.
Poor Woman ???? Conniving C**t more like. And like Wendi Deng she knows there’s no fool like an old (white) fool.
Hey don’t hold back what you really think!!!
Yes! Its the womens fault because as a man Len “clean yourself up” Brown is completely helpless when it comes to the opposite sex
In fact maybe she should wear burkha to hide her looks lest other men are unable to control their base savagery
What was wrong with his treatment of the poor woman, Tanz? I’m a keen historian and I love nothing better than a quick visit to the dark, dusty corners of long forgotten Victorian morality. Is it the budget bloomers?
You mean like the bloomers dear old Mabel Howard held up in parliament all those years ago TRP?
I have it on good authority they were the largest passion killers anyone had ever seen.
Might explain the 4/10 rating!
Poor woman? You gullible fool. Have you never heard of ambitious women using sex to further their chosen path or career? It looks like this one was a silly and ignorant fool and will probably pay a price.
To think she came within 200 odd votes of becoming one of our city mothers and making decisions on our behalf. Phew, that was a close shave.
It’s not the affair that renders her unfit for office: it’s her lack of respect for Brown’s (and his family’s) privacy, not to mention the suspicion that her fury is at least partially politically motivated.
If his behaviour makes her think he should resign, what does that say about her own decision to seek election?
and of course men never use their positions of power to sleaze onto young women either…
Please if you have further comments on the Brown issue can you take it to one of the posts on that issue. This post is about John Banks.
Yes, sorry about that karol. I was responding to tanz’s silly comment at 22. Forgot what post I was on… not the only one it would seem. 🙂
Yeah. There seems to be a lot of righties here desperate to divert from Banks’s plight, and to keep the other issue alive as long as they can.
“poor woman”?
Have you ever heard this phrase before? “It takes two to tango”.
Can I ask people to get back to the topic of this post, please? There are other threads where the Brown issue can be discussed. Too many trools here diverting from Banks’ ethical challenges.
National are FOO_ed on this one
Yes. Banks should also abstain from voting on the SkyCity Bill – conflict of interest.
will this cost the Sky boss his job for going against the Key government?.
Well, John Key doesn’t have a say in the employment of people for SkyCity. Morrison does seem to have tried to stay neutral in his testimony.
The real problem is that Morrison is being used to testify against Banks, while the SkyCity Bill works in favour of SkyCity. Therefore Banks should abstain from voting on it.
Metiria Turei says:
I think Morrison’s ‘neutrality’ needs to be seen in light of Banks’s deciding vote. I’m picking he’s decided not to lie, but he’s hoping nobody will ask the right questions.
None of this affects his record as an mp and minister though does it?
No, I’ve always thought he was a crook, so no change there.
Hahhahahaha.
If Banks is willing to take money for favours, how do we know Banks isn’t promoting legislation in favour of his financial donors? e.g. The SkyCity Bill.
More likely to be something to do with charter schools. Key would push the casino garbage through by himself.
“None of this affects his record as an mp and minister though does it?”
Yeah I’m sure resigning his ministerial portfolio because of fraud charges won’t affect his record as an mp and minister Swan.
The body guard also recieved a phone call from Mr Banks thanking him and discribing the amount and donation.
Mr Key has since said GCSB was recording all NZers phone calls in 2010.
Were they recording all NZers’ phone calls, or keeping a record of the phone logs?
Without reading all of the above, has Banks not done what so many finance company types have done?
…namely, rely on someone else to tell them what is in the document they are signing? And has not the court already said of finance company types that that standard is not high enough? And convicted on that? Yes the court has. And does a contestant in our electoral system not have a standard higher that of a lowly finance company type? Yes such a contestant does.
And that is without all of the dotcom evidence being even relevant!
Banks is gone burger.
. . .
add it to the pile of shit that has come out of the neoliberal pile like Pike River, the GFC, the finance company collapses, the taxpayer bailouts of money..
another nail gets smashed into the coffin
We all owe a debt if thanks to the ChCh guy who wouldn’t let go on this issue and has given the courts a chance to have their say on Banks’ dishonesty.
Now, people of Epsom WAKE UP! Not only is this guy a crook (& his supposed Party a ragtag collection of extremist nut jobs), but the sainted John Key (who is no stranger to Banks and his flexible approach to truth and ethical standards) manipulated you into electing him as your representatives (& thereby shaming you and making you laughing stocks). These cynical powermongers have treated you like puppets. How do they really see you? Do you really want to be their enablers again, next year?
Somehow I doubt that many readers of The Standard live in Epsom & vote NACT, but if you do, please think more carefully next time. We all got stuck with the outcome of the last cup of tea. Let’s make sure it was the last one.
Excellent
“I doubt that many readers of The Standard live in Epsom & vote NACT”
The correct strategy for lefties in Epsom is to vote for Goldsmith of course. Do we really have to explain why?
http://thestandard.org.nz/new-goldsmith-signs-go-up/
Did my little bit to help – was asked by Graham McCready and managed to successfully serve the four witness summonses which got Kim Dotcom’s lawyer, Kim Dotcom’s bodyguard, Kim Dotcom and the CEO of Sky City into Court.
Dodgy John has gone Dotcom – as Minister, and, about time!
Next, as an MP…..
Well done Graham McCready.
Good job!
Pretty sad state of affairs when a concerned citizen has to take a private prosecution, after the Police ‘drop the ball’.
Seems that sitting MPs are effectively a ‘protected species’, especially when they hold the balance of power in this ‘shonky’ Government?
Remember this?
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11139805
Banks’ lawyer: McCready no-show ‘hopeless’
By Heather McCracken
10:38 AM Monday Oct 14, 2013 ✩Save
John Banks will return to Auckland District Court tomorrow to face a private prosecution over a charge of filing a false election return.
The matter was adjourned today after the man taking the prosecution, Graham McCready, was stranded in Wellington airport after his flight was cancelled due to bad weather.
Banks’ lawyer David Jones, QC, told the court the no-show was “hopeless and unacceptable”.
He said flights had been able to leave Wellington this morning, but Mr McCready had chosen to rebook on a flight tonight.”
_____________________________________________________________________________
As if Graham McCready can control the weather – give me a break…
I took great delight today, at the Auckland District Court, after the Judge announced that (the ‘Not-So-Honorable’) John Banks was going to trial, in approaching his lawyer, David Jones QC, and saying:
“It seems that Graham McCready is not as ‘hopeless’ as some of you would have liked him to be.”
Yesterday, outside the Auckland District Court, John Banks made the comment to me “You lost again” ( apparently making reference to the recent Auckland Mayoral election.
So, must say I also rather enjoyed saying to John Banks, today as the Auckland District was clearing, “You lost again John”.
Seems that no matter how highly paid your lawyer, it is actually not always possible to turn legal ‘goat shit into honey’?
(As it were)
Funny stuff – this ‘karma’…..
Cheers!
Penny Bright.
“If Banks is willing to take money for favours, how do we know Banks isn’t promoting legislation in favour of his financial donors? e.g. The SkyCity Bill.”
I never thought that sort of behaviour was a problem. After all Labour and the unions operate on this basis.
Labour’s relationship with the Unions is out in the open and transparent. It’s not the dodgy cover-ups that Banks is involved with.
You allege. What cover up are you referring to? The way I remember it, Banks deliberately didnt intercede when Dotcom found himself in a spot of bother. Which made Dotcom rather upset.
Yeah? So, how does that negate what Banks had attempted with Dotcom? He just got cold feet when he saw Dotcom in jail as the result of an FBI led initiative.
He tried to circumvent the rules in order that the donation could be anonymous. Yeah stupid thing to do.
Labour on the other hand takes money for favours
Oh, right. So there was no ulterior motive to Bandks trying to make the donation anonymous.
Labour on the other hand takes money for favours
citation needed swan. You’re talking rubbish. Not to mention twisting yourself into inverted contortions to make your imaginings fit the realities.
“Oh, right. So there was no ulterior motive to Bandks trying to make the donation anonymous.”
You can try to smear all you want but there is zero evidence for this.
Except for Dotcom’s word.
No, not if your talking about the quote above.
Smear, smear, smear.
The only citation you’ll get from this putrid waterfowl is a link to WhaleSpew, and I won’t be checking that one.
“He tried to circumvent the rules in order that the donation could be anonymous.”
Er, actually the exact reverse; he pretended the donations were anonymous in order to circumvent the rules.
“Labour on the other hand takes money for favours”
Are you having a laugh? Cite, please. And do bear in mind that the LP was formed as the political arm of the labour movement.
John Banks Pleads Insanity
+1 to The Civilian (yet again)
Red blooded
I live in the epsom electorate and voted for goldsmith to try and keep banks out. My brother who is a national supporter voted banks as instructed.
its hard to imagine epsom going red…