McCready prepares Ponytail-gate assault case on PM

Wellington accountant Graham McCready. Photo / Richard Robinson

Serial litigant Graham McCready will this week take the first steps in his bid to haul the Prime Minister before the court over "Ponytail-gate".

McCready, who successfully brought former ACT leader John Banks before the courts with one of his private prosecutions, has prepared documents to file to put John Key in a similar position.

The fiasco made international headlines throughout the week after waitress Amanda Bailey came forward with her story of the PM tugging on her hair.

In a memorandum to be filed with the Auckland District Court, McCready alleges a Crimes Act charge of male assaults female, which carries a maximum penalty of two years in jail.

"This was not a game of 'horseplay' as claimed by the named defendant. Rather it was an ongoing act of harassment where the victim was stalked and assaulted the victim continually in her work place," McCready states in an affidavit.

"The pulling of a woman's hair has sexual connotations in much the same way as touching her breasts or patting her buttocks."

Amanda Bailey (front left). Photo / Dean Purcell

For the prosecution to be successful a judge would first have to determine if the court should order an oral evidence hearing.

If the court decides there is a case for Key to answer the matter may go to trial just like the Banks case did.

In his memorandum, McCready also attempted to pre-empt any defences that might be used by the defendant.

"She felt completely powerless in being touched and bullied by New Zealand's Prime Minister. The defence of self-defence is therefore not available to the named defendant," he wrote.

"The named defendant was told by the named victim, her employer and his wife to stop the assaults but he continued his unlawful acts."

McCready also pointed to other similar actions by the Prime Minister that had emerged since the story broke last week.

"The named defendant has been caught on camera by TV3 News pulling and stroking the hair of other females, particularly young school girls. Commentators have referred to this as a sexual fetish," he said.

"The alleged offending cannot be dismissed as trivial."

McCready said he would file the documents with Auckland District Court on Wednesday morning.