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Police have decided to charge independent MP Taito Phillip Field with bribery and corruption-related offences and will seek the approval of a High Court judge to put the Mangere MP in the dock.
The latest twist in the Field saga comes eight months after police launched an investigation
into allegations the MP accepted cheap labour from Thai overstayers in return for giving them immigration assistance.
The Herald understands that after advice from Crown solicitor Simon Moore, police have opted to pursue charges against Mr Field and an announcement of that decision is imminent.
But before an MP or minister is prosecuted for an offence involving bribery and corruption, the leave of a High Court judge must be sought.
It is likely Mr Field's lawyers will oppose that application for leave when police lodge it.
It is thought to be the first time that an attempt has been made to obtain leave to charge a sitting MP under the special sections of the Crimes Act.
Mr Field has maintained throughout the police and Ingram inquiries that he has not broken any laws. He was not available for comment last night.
The police decision comes after almost 18 months of investigations into the MP's conduct, starting with Noel Ingram QC who was appointed by Prime Minister Helen Clark in September 2005 to look into whether Mr Field had a conflict of interest when helping a Thai overstayer get a work permit. The tiler had worked on Mr Field's house in Samoa.
Despite being cleared of a conflict of interest after a nine-month inquiry, several questions raised by Dr Ingram continued to fester with fresh allegations against Mr Field arising in the media.
The police investigation into Mr Field included a three-pronged raid on his parliamentary and electorate offices as well as his Mangere home in October.
Mr Field then split from the Labour Party, resigning in February to sidestep a potentially long expulsion process that was triggered by statements he made about the possibility of standing against Labour in the next election.
Mr Field has been discussing the possibility of launching a Pacific political party, based on religious values.
The Mangere MP can remain in Parliament while facing charges but he will have to vacate his seat if he is found guilty of bribery and corruption offences, which carry a prison sentence of up to seven years.
