Key: prosecution likely, by-election possible

At Kiwiblog Peterwn has posted his view on the likelihood of a prosecution of John Key – very likely – and of a subsequent by-election in Key’s Helensville electorate – start preparing.

  1. A private prosecution appears very likely, if not from Mr McCready, then from the ‘victim’s’ supporters (eg Unite Union’s lawyer).
  2. There are three possible charges a. assault (6 months), b. male assault female (2 years), c. sexual assault (7 years).
  3. If a MP is convicted of b. or c. his seat is vacated and his seat is filled at a by-election or the party’s next person on the list as appropriate.
  4. Mr McCready has gone for b. Any other private prosecution is likely to go for b. as this has the potential to cause serious political damage.
  5. On past performance a District Court Judge would allow a private prosecution even if the ‘victim’ has not been consulted over this.
  6. Mr McCready cannot be called a vexatious litigant he has succeeded with one private prosecution and has been successful with the other as Crown Law took it over. Even if his attempt fails because he is having to do it via a shell company, a private prosecution by Unite appears likely.
  7. Historically an accused’s spouse could not be called upon to give evidence against the accused – the law has been changed to allow for this. The days of ‘feme covet’ are well and truly over.
  8. With what is currently known I cannot see why any prosecution for b. should not succeed.
  9. An accused in this case an accused has two options – try to get the charge downgraded from b. to a., or if proved try and get a discharge without conviction with respect to b. (I think the chances of this would be good based on other ‘discharge’ cases but don’t count on it). Diversion would be a possibility for a., but I am not so sure about b.
  10. So in conclusion, National would be well advised to start preparing for a Helensville byelection now. Both Winston Peters and Judith Collins will be licking their chops in anticipation.

Peterwn often posts comments that indicate he has a good working knowledge of law.

With a few exceptions the general feeling seems to be that Key’s alleged offending is at the lower level of severity, but as long as the maximum sentence available is two years or more then any conviction would force a resignation from Parliament.

This potential outcome disproportionate to the crime may seem tough but them’s the rules. It may increase the possibility of a discharge without conviction but that would cause a political uproar in some quarters.

Assault can cover a wide range of severity. I think simply touching someone could potentially be ruled assault – including touching someone’s hair apparently.

Leave a comment

24 Comments

  1. THIS IS CLEARLY AN ATTEMPT AT A CONSTITUTIONAL COUP. It must be met by large scale disobedience by the majority of New Zealanders who are having their rights impugned by the extremist LEFT. They should be very afraid of the consequences of what they are trying to do.

    Reply
    • It won’t happen but you raise interesting questions. If there were an attempt at a “constitutional coup” by following all of the rules, regulations and laws around such situations what is wrong with that? Do people have the right to act within the law to address constitutional issues? I assume that within the law they are also able to mount “large scale disobedience” when things don’t suit them.

      Reply
  2. kittycatkin

     /  30th April 2015

    Please let this silly bitch not do this,

    Reply
  3. If you can't beat 'em.....

     /  30th April 2015

    Message to Jk:

    As soon as you get back in the country, all you need to do is ‘apologize for being a man’

    It worked wonders for Cunners 🙂

    Reply
  4. Goldie

     /  30th April 2015

    Some years ago the Rightwing was gripped by hysteria that Helen Clark had signed a painting that she had not actually painted. Fortunately, after a while, most people on the Right realised that their full volume outrage just scared the bejesus out of middle NZers. (I worked for Helen Clark and admired her – I thought the rightwing’s outrage over her was ridiculous).

    Sadly, the Leftwing has not yet learned this. I would have thought that after seven years of Key Derangement Syndrome that the Left would learn that if they ever wanted to win over middle NZ, they would have start behaving like reasonable people ready for government.

    To bring the PM up on assault charges for such a ridiculously trivial matter which he apologised for – this is going so OTT that I wonder if some people on the Left are mentally disordered.

    Reply
    • kiwi_guy

       /  30th April 2015

      It could back fire with NZers getting angry enough to punish the Left ( again ) at the ballot.

      Reply
      • What Kiwi Guy says is correct but it should be in the present tense. My anger is cold in nature but it is very real, and the LEFT should understand that if you poke a stich at the “silent majority’ there will be real consequences.

        Reply
  5. Alan Wilkinson

     /  30th April 2015

    Assault requires force. That is the definition in the crimes act. I presume Key’s defence would be there was insufficient or none.

    Reply
  6. Should I keep my eyes open for a newspaper headline “Prominent New Zealander charged, and then “all details about the case and the defendant are suppressed” ?

    Reply
    • There seem to be a few. Imagine the meetings of NasuProNZA. (Name suppressed prominent New Zealanders Association.)

      Reply
  7. kittycatkin

     /  30th April 2015

    I will NOT believe that this stupid waitress could bring down John Key.

    Reply
  8. kittycatkin

     /  30th April 2015

    Wasn’t the painting one of several ? She also accused Rodney Hide of breaking the story (he hadn’t) and, instead of apologising and moving on, blustered and behaved aggressively. She was the one who made it into a big deal.

    No sane person could charge John Key with assault. I thought that McGreedy was going for sexual harassment in the workplace; he must have been told that this was a non-starter and thought up some other specious charge. If this is assault, it trivialises real assault to such an extent that it becomes meaningless and is a gross insult to real assault victims.

    I believe that public opinion will rise up against McG and the silly bitch to such an extent that it will fizz out.

    Reply
  9. Greg M

     /  30th April 2015

    Petrwn’s analysis is spot on. What I find offensive is that a small minority of activists from minority parties aided and abetted by a convicted tax fraudster, and a union led by a man with an unpaid tax bill could get to force a by-election, unseat a very popular and competent government, all at the taxpayers expense.
    Agree wholeheartedly with all the comments here, now there’s a first!

    Reply
  10. Shagger

     /  30th April 2015

    Never going to fly. Waste of time. Move on.

    Reply
  11. Mike C

     /  1st May 2015

    The more I read and hear about this Leftie Feminist Waitress, the more I believe that it was a honey-trap set up by her and her employers, and that she is merely another wannabe Politician just like Billingsley.

    Reply
  12. pdm

     /  1st May 2015

    Mike C – I am not sure the employers were involved. Almost all of what I have read and heard indicates that she went to Bradbury behind her employers backs and that they are sympathetic towards John Key.

    Understandable as they would be losing a valued customer plus all of the goodwill he and Bronaghs visits would bring.

    Reply
  13. Mr Key doing something wrong.. of course not.. no never !

    “BURN baby BURN !!” 🙂 LOL

    Reply
    • Mike C

       /  1st May 2015

      @Zeddedd. That waitress aka wannabe politician aka Amanda Bailey, and the two sleaze buckets aka the owners of Rosies, and the bankrupt fraudster aka Graeme McCready, do not have a continental shit show in hell of taking the Prime Minister of New Zealand down 🙂

      Reply
      • @MC I tend to agree..
        BUT I think there is an growing undercurrent of dislike of his antics & the PM & the Nats. should ignore it/downplay it, at their peril :/

        Reply
  14. Mike C

     /  1st May 2015

    @Zedd. You and I have much more in common than you probably realise 🙂

    I don’t know how you feel about Unions, but I consider them to be evil personified.

    Watch the Lefts extreme Union radicals, as they try to take the Government down, and hold our entire Country hostage.

    The names you should be focusing on, are Joe Carolyn and Marama Fox and Andrew Little and Matt McCarten 😉

    Reply

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