Monday, April 29, 2013

John Banks prosecution referred to the Solicitor General - decision of Judge Mill:

The private prosecution of John Banks is proceeding through the Court, and has just been referred to the Solicitor General.  On 7 November 2012, and again on 16 April 2013,  Judge I G Mill found that there was sufficient evidence of a prima facie case against the defendant.

The Police investigation into allegations of electoral fraud arising from the debacle commonly known as the Kim Dotcom Disaster found that the defendant had transmitted an election return false in a material particular (the subject donations were not anonymous, and Banks knew they were not) and had sufficient evidence to charge him summarily under Section 134(2) of the Local Electoral Act. However they were statutorily barred from doing so under the provisions of the Summary Proceedings Act that required an Information to be filed within six months of the alleged offence.

The Police made sure that their 'investigation' found that there was insufficient evidence that the defendant knew that the donations were not anonymous, and then claimed that they were unable to charge him under Section 134(1) of the  Act, as well as delaying the investigation beyond the statutory period according to Section 134(2). For these reasons no public prosecution was commenced by the Police, and it was left to Wellington businessman Graham McCready to instigate a private prosecution instead - this is the state of democracy in New Zealand - very sad indeed.

Judge Mill has now referred the matter to the Solicitor General to prosecute.

The District Court Memorandum served on the Solicitor General on 29 April 2013 is attached, with the decision of Judge Mill: