John Banks found guilty

John Banks
John Banks
Act MP John Banks will remain in Parliament until it rises at the end of July despite being found guilty of filing a false election return today, Parliament's Speaker David Carter has confirmed.

Mr Banks was found guilty of knowingly filing a false electoral return during his 2010 Auckland mayoralty bid, an offence severe enough to see him automatically ejected from Parliament.

However he must be convicted to trigger his removal.

Justice Edwin Wylie did not enter a conviction today and Mr Banks' lawyer David Jones QC said there would be an application for Banks to be discharged without conviction at his sentencing on August 1.

Senior Cabinet Minister Gerry Brownlee pointed out Parliament is scheduled to rise the day before on July 31 for the election in September.

Any questions about Mr Banks' status in Parliament until then needed to be directed to Speaker of the House David Carter.

"But as I understand it he is not convicted therefore can remain in Parliament and exercise his vote."

A spokesman for Mr Carter said that until the August 1 hearing, "there is no change to Mr Banks status as a member of Parliament".

Mr Brownlee said the National Government faced no difficulties in continuing to Govern until then.

"We still have the support of the United Future Party and of course the Maori Party but I would stress that Mr Banks is still an elected Member of Parliament able to exercise his vote how he wishes according to the people who elected him."

Act Leader Jamie Whyte said today's verdict was "very disappointing" but the matter didn't have "material implications" for the party.

"John had already decided he wasn't going to stand again, we have a new candidate for Epsom and a new leader so it doesn't really change anything.

"It doesn't really involve Act to any great extent because it involves events that happened during his mayoral campaign."

Mr Whyte said he was glad the trial was over "because it's been kind of hanging over us and we want to just concentrate on Act's policy agenda for the election not all these distractions".

Labour Leader David Cunliffe said Mr Banks' trial "sounded the death knell for Act" and Mr Key "must finally acknowledge what New Zealanders have known for two years - his Government has been propped up by a corrupt politician".

"ACT MP John Banks has now been found guilty in the High Court of filing a false electoral return. He was found guilty in the court of public opinion two years ago. John Key turned a blind eye to John Banks, refusing to read the Police report which ultimately led to this prosecution."

Green MP Gareth Hughes said it was "a bad day for John Banks but it's an even worse day for John Key".

"Here we see a Prime Minister who once said he would bring higher ministerial standards to Cabinet, we see a prime minister that's been propped by this discredited criminal MP, a prime minister who wouldn't read the court documents, a prime minister who trusted John Banks' word. It's John Key who's the real loser in this decision."


- Jimmy Ellingham of APNZ

The questions behind the story

So John Banks has been shown to be a person who tells untruths by a Court.  Maybe that is to be expected as he is a politician.  But there are a lot more disturbing things going on here.  Why is it, when a complaint was made to the NZ Police of this charge did the Police decide not to take further action?  What evidence was uncovered by Mr McCready that the Police couldn't find?  If this case was clearly decided by a simple process of interviewing the witnesses to this electoral funding transaction, then did the Police decide not to prosecute because of who was being accused?   What role did PM Key play in this whole charade where the person in question was one that he relied upon for a Parliamentary majority?  While Banks will probably get away with a bit of a slap on the wrist with a wet bus ticket, it is sadly the democratic process and the Police's reputation that have taken some big hits.


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