Amanda Banks succeeds in John’s appeal

The conviction against John Banks for filing an incorrect electoral return has been overturned by the court of appeal, largely due to the efforts of his wife Amanda to clear her own name.

NZ Herald reported Wife clears Banks’ name:

The Court of Appeal yesterday overturned former Act leader Mr Banks’ conviction for filing a false electoral return, charges which ended his parliamentary career.

A jubilant Mr Banks paid tribute to his wife who he said had been a hero for her part in clearing his name.

Amanda Banks’ “obsessive” detective work saw her husband John Banks’ electoral fraud conviction quashed yesterday and answered a High Court judge’s doubts over her honesty.

Mr Banks was convicted in the High Court this year after failing to disclose donations from Kim Dotcom to his Auckland Mayoralty campaign in 2010.

Crucially, the High Court’s Justice Edwin Wylie believed testimony given by Dotcom’s wife Mona over that of Mrs Banks about what was said at a lunch where both were present and at which Dotcom said donations were discussed.

Mr Banks’ appeal introduced affidavits from two US-based businessmen who he says were at that lunch. The pair – David Schaeffer and Jeffrey Karnes – both said donations were not discussed at that lunch.

The Court of Appeal’s Justices Ellen France, John Wild and Forrest Miller said that if the new evidence had been accepted in the High Court trial “it likely would have changed the outcome”. The Court of Appeal’s decision notes that Mrs Banks “was stung by the judge’s opinion of her reliability”.

“She became quite obsessed, as she puts it, with identifying the two Americans.

“She recalled that a transpacific communications cable had been discussed at the lunch and scoured news articles on the topic, eventually finding one which mentioned that Mr Dotcom had endorsed such a project and was trying to organise a group of investors to fund it.”

Mrs Banks’ research also identified the second businessman and Mr Banks’ lawyers contacted the two men and secured sworn affidavits from them.

The trial has taken a heavy toll on Banks – it wrecked is political career – and on both John and Amanda who say the pressure contributed significantly to their marriage breaking up.

The Court of Appeal has ordered a new trial – but say the new evidence would likely have overturned the outcome of the case.

The original trial judge put the credibility of Dotcom and his wife Mona ahead of the credibility of the Banks and this seems to be a major factor behind him finding Banks guilty – apparently incorrect or false claims swung the trial and the judge guessed incorrectly who wasn’t telling the truth.

A re-trial would add further hardship to Banks but he may think it could be worth it if it further clears his and his wife’s names.

This has been a major legal wrangle over the often fudgy world of political donations – it seems to have been driven by politically motivation – to take down the Government by removing Bank’s support from the last term coalition.

Bank’s resignation from Parliament was too late to cause major problems,

Dotcom went on to finance and set up a party with a main aim being to get John Key and National out of Government.

Politics is often a dirty game, and there’s some very dirty looking things swirling around this case.

How does signing off an electoral return after a failed campaign compare to bringing down the Government?