John Banks fails in Supreme Court bid, ordered to pay costs

The Supreme Court has dismissed former Auckland mayor's John Banks application to appeal over a failed bid to recover $190,000 trial costs for wrongful conviction for a false electoral return. Picture / Brett Phibbs

The Supreme Court has dismissed former Auckland mayor's John Banks application to appeal over a failed bid to recover $190,000 trial costs for wrongful conviction for a false electoral return.

The court also ruled that Banks has to pay costs of $2500 to the Crown.

The Supreme Court's three judges, Chief Justice Sian Elias, Justice William Young and Justice Mark O'Regan, said there was no point of general or public importance involved in the appeal.

"Instead, the case turns on a factual issue, in respect of which there are now concurrent findings of fact," the judgement said.

"There is no appearance of miscarriage of justice. Accordingly, the application for leave to appeal is dismissed."

Banks was originally charged over electoral returns he filed for his mayoralty campaign, after it was alleged that he declared payments to be anonymous when he knew who the donors were.

Two of the donations came from Megastuff, which is linked to Kim Dotcom, and one from SkyCity.

The original conviction was overturned.

Banks, in March, also failed in his bid to recover trail costs in the Court of Appeal.

The judges said in issue was Banks' application for costs in respect of his trial.

They noted this application was refused by Justice Edwin Wylie and that his appeal against that refusal was later also dismissed.

"Primarily in issue is whether the applicant has established that he is not guilty of the offence for which he was convicted," they said.

"It does not appear to have been suggested that this criterion was satisfied in respect of the SkyCity particular and, in his judgment refusing the application for costs, Wylie J made it clear that he was not satisfied the applicant was innocent in this respect."

The said although Justice Wylie did not say so in as many words, he was "plainly not satisfied" that Banks "was innocent in respect of the Megastuff donations."