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  Reply # 1307911 19-May-2015 18:33
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dman: Every other politician in the country is likely quaking in their boots! As the arrangement he had set up is hardly greatly different from many others? If anything, it is the others (such as Len Brown and David Cunliffe) who have been smarter about hiding their donations.

What John Banks did is the furthest possible from corruption, as basically he got donated money to his campaign years ago and then did *not* offer help when called upon (which is what made Kim Dotcom so furious at John Banks). This is the opposite of corruption, where money gets paid for favours. And if this is how Kim Dotcom reacts to not getting a pillow while in prison from his $50k donation, what do you think he will demand, and how will he react if refused, from his millions and millions poured into the Internet Mana Party?

I am astonished John Banks got found guilty. Many things about that trial struck me as odd, for instance how on earth did the Judge find Mona DotCom (the wife of a man who has a public and hard core vendetta against Banks, and a wife who had serious basic holes in her testimony) to be a more reliable witness than John Bank's wife??


so this is back in the news and dman the only one in this thread that was accurate in his assessment of the case.

I have to say I'm not a fan of John's and I have met him on a formal occasion but he has had a gross injustice done in this case and the ramifications are hige.

Be interesting to watch and see what transpires with the Crown prosecution.






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  Reply # 1307963 19-May-2015 19:37
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I'm still amazed anyone believes anything John Banks says. The man is a self confessed literal 7 day creationist. People that believe that should be locked up in mental hospitals.




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  Reply # 1307971 19-May-2015 19:53
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Lias: I'm still amazed anyone believes anything John Banks says. The man is a self confessed literal 7 day creationist. People that believe that should be locked up in mental hospitals.



not sure it has anything to do with what he says more the witness's and the manner which the prosecution was handled.

Regardless of what you think of him or what axe you have to grind with his beliefs no one should have to go through that.




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  Reply # 1307994 19-May-2015 20:30
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Well said, Jeff, and kudos to dman.

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  Reply # 1307997 19-May-2015 20:39
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jeffnz:
Lias: I'm still amazed anyone believes anything John Banks says. The man is a self confessed literal 7 day creationist. People that believe that should be locked up in mental hospitals.



not sure it has anything to do with what he says more the witness's and the manner which the prosecution was handled.

Regardless of what you think of him or what axe you have to grind with his beliefs no one should have to go through that.


It goes to witness credibility. If you publicly stand up and declare you believe in unicorns or flying purple people eaters, any sane person has to consider anything else you say to be somewhat more suspect than otherwise.







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  Reply # 1308002 19-May-2015 20:54
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It's clear that KDC had an expectation that he would get a favour of some kind in exchange for his $50K. I wonder why he might have expected that?

It's also clear that some-one was committing electoral fraud by dividing up the payment into two lots of $25K. If it wasn't JB, then he certainly knows who it was.

They're all crooks.


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  Reply # 1308003 19-May-2015 20:59
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Well, the way I see it is that being acquitted doesn't mean he was innocent of the charges. Maybe legally it does. But it smacks of inconsistent witnesses from both sides that gave enough doubt to take the stance that he cannot be found guilty, but doesn't that also mean he cannot be taken as not guilty? In short, charges were laid, we can't see enough evidence to say he did it or he didn't so charges dismissed

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  Reply # 1308004 19-May-2015 21:03
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Why was this not a new thread?

Banks Acquitted by Appeal Court:

This is the key:

"The move came after the court accepted that Kim Dotcom had changed his evidence when confronted with affidavits filed on appeal for the defence."

stuff

So essentially the coa found the original evidence for the conviction is no longer valid therefore the appeal is upheld.

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  Reply # 1308043 19-May-2015 22:11
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Far too many people are missing the real issue in this case. What people REALLY should be shocked by is the highly unprofessional (at best) and (at worst) reprehensible conduct of the original Crown lawyer who argued the case before the Court of Appeal. Paragraph [25] is salient:
 
We take a different view. We do not need to decide whether the Butler memorandum was a witness statement as defined, or whether s 13(6) of the Criminal Disclosure Act required that it be disclosed as a statement of a witness at the trial that was the subject of the appeal. We hold rather that the Crown could not both withhold the memorandum and resist the appeal in the manner that it did. The effect was to mislead the Court.

One of the very first things you are taught at law school and the advocacy part of the required professionals course is that lawyers must never intentionally mislead the court as to facts known to counsel and also must take utmost care to not mislead the court in any way. If Dotcom had changed his evidence in response to the Americans' claims in favour of Banks, this should have been disclosed. As a lawyer, how obvious this is is startling to me.

And it ought to be even more obvious to a senior lawyer who has taken silk (i.e. made a QC) and one of the things that a QC should demonstrate is being scrupulously fair in upholding his duties as, first and foremost, an officer of the court. Much of the issues that led to the court to rule in favour of Banks is absolutely simple, elementary, incontrovertible law.

The prosecution's conduct was disgraceful IMO.



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  Reply # 1308067 19-May-2015 22:22
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A matter for the law society?

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  Reply # 1308070 19-May-2015 22:31
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Perhaps. If I were in John Banks' position, I certainly will be complaining. And if I were a judge, I wouldn't trust Mr Dacre QC's word again. And I have lawyered for judges.



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  Reply # 1308141 20-May-2015 08:35
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all I hear is Banks now slandering KDC to the press Pot>Kettle syndrome 

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  Reply # 1308151 20-May-2015 08:45
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Athlonite: all I hear is Banks now slandering KDC to the press Pot>Kettle syndrome 


Slander is making a false statement, what did Banks say that was false about KDC?

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  Reply # 1308174 20-May-2015 09:13
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Banksy on National Radio this morning - "The Jihad is over!" 

and still dodging questions on who told KDC to split his payment ...

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  Reply # 1330291 23-Jun-2015 23:56
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jeffnz: so this is back in the news and dman the only one in this thread that was accurate in his assessment of the case


linw: Well said, Jeff, and kudos to dman.

 

Thanks :-) I am a political nerd, and follow this nonsense way too obsessively sometimes. Bit of a waste of time really! But more entertaining than watching sports on tv. 

Anyway, it certainly does make you doubt again our judiciary system, and Crown Law has a lot to answer over this. 

 

We're not a corrupt Banana Republic yet! But sometimes you wonder....




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