The Hon J A Banks v the Crown

Flipper at Kiwiblog posts

CA428/2014. The Hon J A Banks v the Crown.

Has the Crown capitulated?

That question will be answered today just after 10 am when the Court of Appeal sits in the Wellington HC’s courtroom #6.

He asks that because Paul Dacre QC, who has run the Crown’s case, has been replaced by Mike Heron, the Solicitor Genera – details here. We might find out this morning.

Flipper also recaps the case.

To recap, the Crown sent solicitor Rowan Butler to interview Dotcom over the new evidence (from two US businessmen) that Banks would present to the CoA. Banks’ counsel had observed the rules and disclosed that to the Crown.

The interview with Dotcom (in the presence of his then counsel, P Davison) took place on September 29, 2014, and Butler reported to Crown Counsel Dacre in a memorandum, also on September 29. The “Butler Memorandum” introduces a new Dotcom claim – that there were two meetings with Mr and Mrs Banks, one of June 5, 2010 and the other on June 9, 2010. He had earlier asserted that there was only one meeting on June 9. Wylie J, however, found that the lunch was on June 5, as later also attested by the US businessmen.

The crux of the date issue is that both Mr and Mrs Banks were proven to have been elsewhere on June 9, and could not have been at a “second” meeting/luncheon with Dotcom on that date.

Now, understand this: This information was known to the Crown on September 29, 2014. It was not disclosed to Jones/Banks, nor to the Court of Appeal when it heard the case on October 29, 2014 – one month later. In fact the
existence of the Butler memorandum was kept secret by the Crown until finally it was released (received by) to David Jones (Banks) on February 27, 2015.

On March 2, 2015 (the weekend intervened) David Jones filed a memorandum with the High Court requesting a section 347 (discharge) hearing. David Jones then went back to the Court of Appeal because it appears, on the face of evidence now belatedly disclosed by the Crown, that the Court was deliberately misled.

It has been reported that ‘the Court’ was very unhappy.

The Crown seem to be in a very awkward position on this.

It would be ironic if a Graham McCready instigated prosecution is thrown out after an appeal the day before he files for another prosecution, this time against John Key.

Using the courts for political hit jobs seems to be McCready’s aim these days.

Leave a comment

2 Comments

  1. Mike C

     /  28th April 2015

    @George. Any news about Banks ???

    I haven’t heard anything on the news.

    Reply
  2. kittycatkin

     /  28th April 2015

    Dotcon seems to be losing touch with reality and changing his story again.

    I am no fan of Bob Jones, but I really liked his calling GM the poor man’s Gareth Morgan. After describing him as a convicted fraudster, blackmailer and something else I forget. Oh, silly me, those were all wrong convictions-every one of them.

    Reply

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