The John Banks Private Prosecution has been referred to the Solicitor General with a request that the Crown take over the prosecution and appear for the Informant when Banks is summoned to appear in the Auckland District Court sometime in May or early June 2013.
see the document here John Banks referral to Solicitor General
- The Police investigation of found that the defendant had transmitted an election return false in a material particular (the subject donations were not anonymous) and had sufficient evidence to charge him summarily under Section 134(2) of the Local Electoral Act. However they were statutory barred from doing so under the provisions of the Summary Proceedings Act that required an Information to be filed within six months of the alleged offence. They also found that there was insufficient evidence that the defendant knew that the donations were not anonymous to charge him under Section 134(1) of the Act. For these reasons no Public prosecution was commenced
- On 7 November 2012 and again on 16 April 2013, Judge IG Mill found that there was sufficient evidence that the private prosecutor could adduce to establish a prima facie case against the defendant.
c. Referral to the Solicitor General
Given that the evidential barrier has been overcome and the Court has ordered the defendant to appear to answer to the Information, the prosecutor hereby refers the case to the Solicitor General for the Crown to continue the prosecution as a Public Prosecution.The prosecutor submits there is considerable public interest and support for this cause of action.
The District Court Memorandum served on the Solicitor General on 29 April 2013 is attached
Graham Mc Cready