Internet millionaire Kim Dotcom and his bodyguard will be called to give evidence in a private prosecution against Act leader John Banks over political donation allegations.

Dotcom, his bodyguard Wayne Tempero and lawyer Greg Towers, alongside SkyCity boss Nigel Morrison, have been ordered by a judge to attend a hearing. In a decision sent to all parties on Friday, Auckland District Judge Eddie Paul ruled the four should be called to give evidence at the hearing.

The private prosecution has been brought by former accountant Graham McCready, alleging Banks knowingly received political donations from Dotcom and SkyCity during his failed 2010 Auckland mayoralty bid that were recorded as anonymous.

The allegations relate to two $25,000 donations from Dotcom and his company Megastuff, and a third donation of $15,000 from SkyCity.


McCready took the action after police decided not to lay a charge because it was outside the six-month time limit for summary charges to be laid.

The hearing - for which no date has yet been set - will determine whether Banks will face a full trial.

Meanwhile, Dotcom believes he may be eligible to stand for election next year.

He told the Washington Post that his lawyers had found that a permanent resident who has "lived here for more than a year and is a registered voter - which I will be in November - you can run for office".