Banks wins appeal

The NZ Herald reports:

Former Act leader John Banks’ conviction for electoral fraud has been overturned and a new trial ordered by the Court of Appeal.

The retrial will hear the evidence from two new witnesses who were at a lunch with Banks and Kim Dotcom.

It seems their evidence is contradictory to the evidence of Mr Dotcom. Also as far as I know they have no vested interest in the outcome.

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

Mr Banks had appealed and introduced affidavits from two US-based businessmen who had been at the same lunch at which Mr Dotcom claimed donations were discussed.

The pair – David Schaeffer and Jeffery Karnes – both said donations were not discussed at that lunch.

In a statement, the Court of Appeal said it had decided to admit the evidence.

“Although it was not fresh evidence, the Court was satisfied that if the evidence has been before [High Court judge] Justice Wylie the outcome may have been different.

The two businessmen have no vested interest in the case. The fact both of them are adamant no donations were discussed is rather persuasive.

In the retrial (if it happens) Mr Dotcom’s evidence may be less persuasive after his month of truth fiasco where he released an obviously forged e-mail.