Posted by Blogger Name. Category:
2010 Local elections
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Auckland mayoralty
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High Court
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John Banks
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Kim Dotcom
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Presumption of innocence
John Banks goes on trial in the High Court in Auckland today. He is being prosecuted over allegations of knowingly filing a false return of donations after the 2010 local body elections; NBR reports:
John Banks' trial for allegedly filing a false electoral return kicks off in the High Court at Auckland today.
The judge-only trial centres on Crown allegations that Mr Banks knowingly filed a false return after the 2010 Auckland Mayoral election (in which the then Auckland Mayor stood unsuccessfully against Manukau Len Brown for the to head the newly amalgamated "super city"). Under the local government electoral law at the time, it was an offence to list a donour as anonymous if a candidate knew their identity.
The Crown says Mr Banks asked Kim Dotcom to split a $50,000 cheque into two $25,000 payments to skirt threshold on anonymous donations. It also alleges Mr Banks rang Mr Dotcom to thank him a few days later. Mr Banks denies the claim.
Mr Dotcom — who became angered after Mr Banks failed to answer a request for help after the accused pirate was jailed following the January 20, 2012 raid on his rented mansion — has backed the Crown's version of events.
The prosecution also alleges that Sky City CEO Nigel Morrison personally handed Mr Banks a campaign donation cheque for $15,000. The Sky City donation was also listed as anonymous.
Mr Banks has denied any wrongdoing.
We will refrain from making any comment on the trial until the judge hands down a verdict. John Banks is entitled to be presumed innocent, and the Crown is required to prove its case against the MP. Listening to TV and radio coverage this morning though, you'd think that Banks had already been convicted, and was appearing for sentencing this morning!
Kim Dotcom will be a key witness in the Crown's case. We noted recently that the defence will seek to put Dotcom's credibility under scrutiny, given that his evidence is crucial to the Crown's case.
This will be a most interesting trial. If Banks is convicted he can, as a long-serving politician, expect little sympathy from us.
Footnote: This post will be closely moderated. Comments that prejudge Mr Banks or are in any way defamatory will not be published. His guilt or innocence is a matter for the High Court to decide.
