Lawyer claims Banks didn’t read forms before signing
ACT leader John Banks will find out today whether he will stand trial over allegedly filing a false electoral return for his failed 2010 Auckland super-city mayoralty bid.
In the Auckland District Court yesterday, Banks’ lawyer David Jones, QC, claimed his client had no knowledge donors had been listed as anonymous on a donation return form because he hadn’t read the form before signing it.
Banks, who pleaded not guilty in May, is being privately prosecuted by retired accountant Graham McCready after internet mogul Kim Dotcom gave Banks two donations of $25,000, and SkyCity gave $15,000.
These donations were listed as being from anonymous donors in electoral returns.
‘‘It was simply impossible for him to know how donations were recorded,’’ Mr Jones told the court yesterday.
The man in charge of the campaign’s finances, whose name has been suppressed, said although Banks was the biggest contributor to the campaign, he had little to do with the finances.
‘‘He was always kept at an arm’s-length from finances unless [the campaign] needed money,’’ he said.
The man told the court that when he met with Banks so that he could sign the forms, he did not read them.
Banks’ campaign had a target to reach $1 million in donations, but most were anonymous and he had no knowledge of donations from Mr Dotcom.
The man said the donations by Dotcom were made out on cheques from an affiliated company.
SkyCity officials, who also contributed to the campaign of Banks’ rival, Len Brown, asked that their donation be entered anonymously.
Also in court yesterday, Dotcom said Banks had asked him to split a $50,000 donation in two so that each cheque could be listed as anonymous.
‘‘[Banks] suggested this to me and my reaction was ‘why?’ I was offended, I don’t mind if people know,’’ Dotcom told the court.
When he asked why the donations were to be listed as anonymous, Mr Banks told him, ‘‘Kim, if I help you in the future it’s better no-one knows about your donation.’’
Mr McCready also called Mr Dotcom’s lawyer, Greg Towers, and SkyCity chief executive and managing director Nigel Morrison to give evidence.
Both confirmed the donations.
Mr McCready claims Mr Banks knew the donations were not anonymous and designating them as such was against the law.
Mr Jones argued that Banks be discharged because ‘‘the capacity to have knowledge’’ did not mean he was culpable of knowing the donations were listed as anonymous.