John Banks costs appeal thrown out by Supreme Court
Wednesday, 28 June 2017
John Banks has failed in his latest bid to claw back $190,000 in court costs, after spending years fighting and overturning his conviction for filing a false electoral return.
The former Auckland mayor eventually had the conviction overturned and sought costs from the High Court at Auckland, but Justice Edwin Wylie declined to award them.
The Court of Appeal agreed with Justice Wylie.
He then sought permission from the Supreme Court to appeal that decision to the Supreme Court, but in a decision released on Wednesday the court said there was 'no appearance of a miscarriage of justice'.
**READ MORE:
* Paternity suit claims John Banks is father of English language teacher but ex-mayor no-shows
* John Banks loses costs appeal after seeking $190,000
* John Banks acquitted by Court of Appeal on false return charge**
'Primarily at issue is whether the applicant has established that he is not guilty of the offence for which he was convicted,' the court said.
'And although [Justice Wylie] did not say so in as many words, he was plainly not satisfied that the applicant was innocent in respect of the Megastuff [Kim Dotcom] donations.'
Banks' application for leave to appeal was dismissed, and he was ordered to pay costs of $2500.
Justice Wylie convicted Banks in 2014 of filing a false electoral return by not disclosing two donations of $25,000 from internet tycoon Kim Dotcom.
Banks claimed he did not know the donations were from Dotcom.
He was acquitted on appeal in 2015.