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  • Judge rules Banks to stand trial

    A judge at the High Court in Auckland has rejected an application from ACT Party MP John Banks to review a decision to charge him with making a false electoral return.

    The Associate Education Minister is to be tried on a charge of making a false return following his failed campaign for the Auckland mayoralty in 2010. The charges against Mr Banks were initially brought by retired accountant Graham McCready after the police refused to file charges over "anonymous" donations from Kim Dot Com and Sky City Casino.

    In a ruling delivered today, Justice Wylie said there was sufficient evidence to find that Mr Banks knew his return was false. The judge said the outcome of the trial would depend on how the court assessed the reliability and credibility of the key witnesses.

    Justice Wylie ruled that a full trial should be held to assess the available evidence.
    The trial will take place at the High Court in Auckland in May.
    Comments 2 Comments
    1. John "Brockovich"'s Avatar
      John "Brockovich" -
      Quote Originally Posted by Yoda View Post
      There was sufficient evidence to prosecute John Banks, according to the High Court Judge. Then, why did the private person have to bring a private prosecution in this case?
      There was sufficient evidence to prosecute the Solicitor-General Collins (now Judge), Deputy Solicitor-Generals (Mander (now Judge), Gwyn and Palmer) and Douch (Crown Prosecutor) for participating in that criminal group for their joint objective of perverting the course of justice, according to a District Court Judge.

      In fact, District Court Judges on seven separate occasions thought there was sufficient evidence to prosecute the above alleged criminals and three other Crown Prosecutors covering a total of 33 individual charges.

      All those prosecutions were Stayed by either Collins, Mander, Gwyn or Palmer using the A-G’s power and authority. That criminal conduct was later supported by High Court and COA judges.

      The current Solicitor-General (Heron), while taking over the charging of John Banks, refuses to re-file the charges against his colleagues and former colleagues and refuses to confirm he will not likewise ‘criminally’ Stay the prosecutions if we re-file the charges.

      Unfortunately for John Banks, he is either no longer one of the ‘boys’ to be protected or just struck an honest judge – that is all that has happened.

      What other reason could there be?
    1. John "Brockovich"'s Avatar
      John "Brockovich" -
      Quote Originally Posted by Yoda View Post
      ... I suppose, the Supreme Court of New Zealand can set aside or otherwise correct the decision of the Court of Appeal. Systemic corruption in the judiciary seems endemic in New Zealand. The Supreme Court needs to step in.
      The Supreme Court cannot step in, set aside or correct the COA decision, as Justice Glazebook of the Supreme Court was at the time sitting on that COA that supported the Stays. That is the problem with systemic corruption in a justice system, the justice system cannot cut out the cancer from within.
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