0 O'Sullivan on Banks

Posts today will be relatively brief, and to the point. We're visiting a family member in Christchurch who is recuperating from a major operation, and our first focus isn't blogging.

We've just had a quick read of Fran O'Sullivan's Herald column this morning on John Banks' fall from grace. It's worth a read in its entirety, but we agree with her closing sentiment:

Banks is a smart man. He is intensely loyal. He needs to reflect on what has happened. Then do the decent thing and resign.

We concur. Even though John Banks escaped a conviction and automatic expulsion from Parliament on Thursday afternoon, he has still been found guilty of a criminal offence. Even though the offence is not related to his tenure as an MP and was committed a year before his return to Parliament his credibility has been seriously tarnished.

Acknowledging Justice Wylie's finding of guilt, even if he later plans to appeal the decision, and accepting the inevitable consequence by resigning from Parliament before he is legally obliged to would at the very least give Banks an opportunity to show contrition, and begin to rebuild his reputation.

0 An alternative view on Banks

The Veteran blogs at kindred blog No Minister. Without identifying him - that is his pergogative - The Veteran served New Zealand with distinction as an officer in the army. He now does a lot of voluntary work with ex-servicemen and women.

And he shares his opinion on the Banks verdict:

The verdict is in.     Putting the question of an Appeal to one side it is likely that the Speaker will, on receiving formal advice from the Court, declare the Epsom seat vacant.
I did not hear all the evidence so I will refrain from commenting on the merits of the case except to say that listening to Bank's budget speech a few days ago it sounded very much like his valedictory speech ... perhaps in his heart of hearts he knew the cards were stacked against him. 
It's a sad end to public life for John Banks.   Sure he was controversial but the flip side is that he is one of the most kind hearted and generous men that I know.    I have the privilege of chairing a Trust which provides financial assistance to the children and grandchildren of our Vietnam veterans.  To the best of my knowledge John has no great connection with our community yet he has been one of our most generous supporters both in cash and kind.    That's the John Banks I know.
I suspect many will want to put their boot in now he is down.   Not me.   Rather I will confine myself to saying that when you sup with the devil you do so at your peril .... as Cunliffe, Norman, Peters and Hone will find out to their cost.

The public face of John Banks is brash and controversial; often deliberately so. But we have heard from any number of people over the years that the real John Banks is a very different creature; the kind-hearted and generous man described by The Veteran.

The political Left has gloated since Justice Edwin Wylie tendered his verdict yesterday, in much the same way as the Right did when Phillip Field was convicted of corruption. We've gone back over our Field archives, and let's just say that it isn't our finest work.

There is no joy in any public fall from grace. We should however take comfort that even when current or former politicians such as Banks, Field, Sir Doug Graham and Bill Jefferies transgress, our legal system will hold them accountable.

0 Guilty

Epsom MP John Banks has been found guilty of knowing filing a false electoral return. Justice Edwin Wylie has just delivered the verdict, and is now outlining his reasons.

UPDATE: The Herald reports:

ACT MP John Banks has today been found guilty of filing a false electoral return.
In the High Court at Auckland, Justice Edwin Wylie has just delivered his verdict to a packed courtroom.
Justice Wylie said he was not persuaded beyond reasonable doubt that the return was false in relation to the SkyCity donation, but he was sure the return was false when it came to the Megastuff payments.

UPDATE #2: Stuff reports:

John Banks has been found guilty of knowingly transmitting a false electoral return.
Banks, the Member of Parliament for Epsom and the former leader of the ACT Party, appeared in a packed High Court at Auckland today where Justice Edwin Wylie delivered his verdict.
"Mr Banks, I find you guilty of the charge," the judge said.
The charge of "transmitting a return of electoral expenses knowing that it is false in a material particular" related to three entries in the electoral returns for Banks' failed 2010 Auckland mayoral campaign.
The donations were recorded as anonymous, but the Crown said Banks knew two donations of $25,000 each were from internet entrepreneur Kim Dotcom and one of $15,000 was from SkyCity.
Justice Wylie said he was not persuaded of the charge on the $15,000 Sky City donation but he was "sure" that the charge had been proved in relation to Dotcom's donations.
The judge said he was "satisfied beyond reasonable doubt" that Banks either had actual knowledge of the Dotcom donations or he deliberately did not check the electoral return so it could be transmitted as anonymous.
Banks' lawyer David Jones, QC, asked that a conviction not be entered as an application on that issue would be made at sentence.
Jones will probably apply for a discharge without conviction.
Banks was remanded at large for sentencing on August 1.
The judge ordered a pre-sentence report and a report on the suitability of home detention.

This will be a sad ending to John Banks' political career, but he has no one to blame but himself. This case is a lesson to every politician, and local or central government level; be honest, open and transparent.

We're sure that other politicians have done exactly what John Banks did in late 2010. Fortunately for them, they hadn't received donations from a rather large bloke who was about to have a significant run-in with the law!

Kim Dotcom is gloating about the verdict, unsurprisingly. We are not going to dignify his tweets by publishing any of them; he has his own day in court ahead in just over a month when the application to extradite him will be heard. But he may not be so chipper by mid-July.

Banks will be sentenced on 1 August, after the 50th Parliament has been dissolved ahead the election campaign. He has not had a conviction recorded against him yet, but we would not be surprised if he tenders his resignation from Parliament in any event; it would be the honourable thing to do, and could be a first step towards rebuilding his reputation.

This is a sad day for New Zealand politics in a number of ways.