Finance director denied Supreme Court appeal

By Brendan Manning

National Finance former director Anthony Banbrook in the dock, during his sentencing at the Auckland High Court, in March 2013. Photo/ Brett Phibbs
National Finance former director Anthony Banbrook in the dock, during his sentencing at the Auckland High Court, in March 2013. Photo/ Brett Phibbs

A director of a failed finance company has had his application for leave to appeal dismissed from the country's highest court.

Former National Finance director Anthony David Banbrook had applied for leave to appeal at the Supreme Court following a dismissal from the Court of Appeal.

Banbrook had applied to appeal his conviction of making an untrue statement in a prospectus.

The senior litigation lawyer was sentenced to eight and a half months' home detention and was ordered to pay $75,000 reparation when he appeared in the High Court at Auckland earlier this year.

In his application for appeal at the Supreme Court, Banbrook argued substantial prejudice arose from the ruling because of the death and unavailability of witnesses, and loss of company records during the period of delay after he was charged.

However Justice John McGrath, Justice William Young and Justice Terence Arnold said whether the unavailable witnesses or lost minutes would have helped Banbrook with his defence was highly speculative.

``The application for leave does not reveal any specific basis for his claim that the lapse of time caused him substantial prejudice.''

Overall, the Justices said they saw no possibility of a miscarriage of justice. The application for further appeal was accordingly dismissed.

- APNZ

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