ACT MP John Banks will apply to have charges over an alleged false electoral return against him thrown out because of a lack of evidence.
Banks is to face trial in the High Court at Auckland over allegations he filed a false electoral return during his failed bid for the Auckland mayoralty in 2010.
He was excused from appearing when the matter was called today, where Justice Timothy Brewer said Bank's lawyer David Jones, QC, had until the end of March to file an application to dismiss the charges.
The Crown must file with the court and serve to Banks all the evidence it intended to call at the trial by March 21.
