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R v John Banks: Reasons For Verdict

[Full judgment: Banks_reasons_for_Verdict_20140605.pdf]



CRI 2012-085-009093

[2014] NZHC 1244




[1] The Honourable Mr John Banks is charged with one count of transmitting a return of electoral expenses, knowing it to be false in one or more material particulars.

[2] The indictment reads as follows:

The Solicitor-General charges that John Archibald Banks on or about the 9th day of December 2010 at Auckland, being a candidate, transmitted a return of electoral expenses knowing it to be false in one or more material particulars.

Particulars: The return of electoral expenses and donations for the 2010 Auckland mayoral election signed by the said John Archibald Banks listed as “anonymous” the following donations and in respect of which he knew the identity of the donor:

i) Donation in the sum of $15,000 made by Skycity Management Limited and received on or about 24 May 2010;

ii) Donation in the sum of $25,000 made by Megastuff Limited on behalf of Kim Dotcom and received on or about 14 June 2010;

iii) Second donation in the sum of $25,000 made by Megastuff Limited on behalf of Kim Dotcom and received on or about 14 June 2010.

[3] I have found Mr Banks guilty of the charge. I am not persuaded beyond reasonable doubt that Mr Banks knew that the return of electoral expenses was false in relation to the $15,000 donation made by SkyCity Management Limited (SkyCity), but I am sure that Mr Banks knew that the return was false in relation to the two donations, each of $25,000, made by Megastuff Limited, on behalf of Mr Dotcom.

[4] These are my reasons for returning this verdict.


[Full judgment: Banks_reasons_for_Verdict_20140605.pdf]

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