ACT Party leader John Banks will stand trial for
electoral fraud.
The
High Court decision, released this afternoon [Tuesday 3rd December
2013] by Justice Paul Heath,
says there is "no real challenge" to the evidence presented to the
District Court Judge Phil Gittos.
"In
those circumstances, there is no basis on which I should interfere with the
District Court Judge’s decision to commit Mr Banks for trial," the
judgement says.
So the ex-minister of Small Business has at last run out of excuses or lies or loss of memory and will now have to start remembering some well known public events. Like taking money from Kim Dotcom, Sky City to name but two, rides on helicopters, flattering Mrs. Kim Dotcom, various cups of tea and Gin and Tonics with John Key.
Of course he has been a lame duck leader since his
dishonesty was made public, and I doubt if ten people would vote for him in Epsom
even if John Key paid them to do so.
The Act Party will have to start looking for a new leader as
of now. Who will it be?
Sir Roger Douglas knighted by the Nats for his services to
the ultra right, or maybe Richard
Prebble that super salesman who kissed the holy toes of Sir Roger
Douglas and Sir Michael Fay
and sold off the BNZ and NZ Railways.
Or could it possibly be, that still living ex-National Party
leader [who was stabbed in the back while overseas by Jenny Shipley], and Reserve bank boss and Treaty of Waitangi
expert Don Brash will he get the
job, possibly but the latest rumour doing the rounds suggests that Don Brash is
taking over the leadership of the ‘One
Law For All’ Party since its hero [Allan
Titford] has been jailed for 25 years
Here is the line of the events that has led to the ultimate charging
of John Banks, which has proven that the PM really stretched the truth [as
usual] when he told Parliament that the Police had found that John Banks had
not committed any crime.
In
October, Judge Gittos ruled there was enough evidence to send Banks to trial
over allegations he knowingly signed a false donation return during his 2010 Auckland mayoral
campaign.
Banks
sought an urgent judicial review following the decision in the High Court.
It
is alleged Banks signed a return, which declared donations from internet mogul
Kim Dotcom and from SkyCity as anonymous when he knew who made them.
The
prosecution was brought privately by retired Wellington accountant Graham McCready after
police declined to prosecute.
The
Solicitor-General has since taken over the case and will prosecute Banks at
trial.
But
Banks claims there were a myriad of factual inaccuracies in the District Court
judgment that will send him to trial.
However,
Justice Heath did not believe those errors "had any material impact"
on the decision to commit Banks to trial.
"On
the judge's view, a fact finder could infer that Mr Banks deliberately
refrained from checking the donations part of the return so that he could
distance himself from claims that he had knowledge of the failure to identify
the two donors in question. Whether or not that can be proved beyond reasonable
doubt by the Crown at trial is an entirely different issue."
It
is likely the trial will take place before next year's general election.
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