Hard evidence uncovered that Dotcom and witnesses lied at trial

I know they lied. ?Others know they lied. ?But for some odd reason the judge in the John Banks “Dotcom donation” case found the testimony of Mr and Mrs Banks dodgy. ?He went as far as to say Mona Doctom was especially credible.

You have to wonder what he was on.

And now, it turns out, additional documentation to back up a serious problem with?legal protocol that is behind the call for the retrial to be thrown out.

A retrial was set for July but Mr Banks’ lawyer, David Jones, QC, is now seeking to have the charge dismissed after receiving a document which he said “contradicts all the evidence given at trial” by the Dotcom witnesses and makes the Crown case “untenable”.

Last week, he received fresh material from the Crown about the contentious lunch at the Dotcom mansion which has been released to the Weekend Herald by the High Court.

The memorandum was written by lawyer Rowan Butler who was instructed by crown prosecutor Paul Dacre, QC, to interview Kim Dotcom about the affidavits filed by the two American businessmen before the Court of Appeal hearing.

The pair said they arrived in New Zealand on June 5, 2010 and were taken to Dotcom’s Coatesville mansion, where they had lunch with Mr and Mrs Banks and Dotcom and his wife Mona. Nothing about electoral donations was discussed, according to their affidavits.

The court was in possession of this at the time of the trial. ? It is consistent with the Banks’ testimony, and it is consistent with what we’ve learned from the appeal that quashed the conviction and order a retrial. ?

This is at odds with evidence given at the trial, where the Crown contended the lunch was held on June 9, 2010 and the presence of the Americans was denied by the Dotcoms, as well as their bodyguard Wayne Tempero.

The defence was able to prove at the trial there was no lunch on June 9, because Mr Banks was campaigning and Mrs Banks was at work.

In finding Mr Banks guilty, Justice Edwin Wylie said Dotcom was a good witness but he was wrong about the date of the lunch and ruled it must have happened on June 5.

But when interviewed by Mr Butler about the new affidavits before the Court of Appeal hearing, Dotcom accepted the evidence of the US businessmen – including that donations were not discussed at the June 5 lunch. Instead, he said there was a second lunch – again on June 9 – at which the donations were discussed.

The interview with Dotcom was never disclosed to Banks’ legal team before the Court of Appeal hearing.

A simple oversight? ?Or corruption?

(Are you holding your breath for Russel Norman to call of a full scale inquiry?)

The newly disclosed material contradicts all the evidence given at trial by the Dotcom witnesses, wrote Mr Jones.

“It has never been part of the crown case nor has there been any prior suggestion that there were two lunches within a matter of days of each other, at which both Mr and Mrs Banks were present,” wrote Mr Jones.

“How the Crown can now properly pursue this prosecution in the circumstances is unknown … the crown case will accordingly have to be completely recast in a way which, with respect, is utterly untenable.”

Mr Jones was also critical of the late disclosure of the Butler memorandum. “If this material had been before the Court of Appeal, which it should have been, it is submitted it would have been a critical factor not only on the substantive appeal but also in the decision whether to order a retrial or not.

Kim Dotcom must not have been able to believe his luck. ?Although you can’t altogether avoid the idea he had a hand in it somehow. ?It is within his MO to manipulate those around him.

But the show is over now. ?And in light of this discovery, John Banks needs to be declared innocent of all charges, and Kim Dotcom and Mona Dotcom are to be charged with perjury.

 

– Jared Savage, NZ Herald

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