The Brown prosecution

January 26th, 2014 at 4:00 pm by David Farrar

The Herald report:

A private prosecution alleging bribery against Auckland’s embattled Mayor has been stalled at the Auckland District Court.

Two charging documents sent to Auckland District Court by retired Wellington accountant state that between November 2010 and November last year, Mr Brown accepted for himself and his wife Shan Inglis three complimentary hotel rooms and five free room upgrades from SkyCity and SkyCity Grand Hotels.

The gifts, worth about $4600 by Mr McCready’s calculations, led to “favourable consideration” given by Mr Brown towards SkyCity and parent company SkyCity Casinos, say the documents.

However, in a decision from Judge Emma Aitken released yesterday, she said the private prosecution could not proceed until the Attorney General consented to it.

The Attorney General is almost certain to delegate the decision to the Solicitor General. The Solicitor General is almost certain to decline consent on the basis there is no proof to back up McCready’s assertions.

That is the correct decision.

Len Brown’s behaviour has been woeful, and he should never have accepted freebies from major hotels without declaring them. But that is a very different issue from asserting that the behaviour was corrupt and the freebies were a bribe.

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25 Responses to “The Brown prosecution”

  1. anticorruptionnz (215 comments) says:

    so when is a bribe not a bribe? He got hotel upgrades because he was the mayor, they exceeded the value of declarable items.. he did not declare them.

    He was anti pokies he gets freebees and no doubt got reminded that his mistress and himself were using the facilities.. wink wink nudge nudge say no more.

    So the anti Pokie man then does not recluse himself but voted in favour of more pokie machines. A total U turn for the poster boy of anti gambling

    Its not about the free upgraded or the free rooms or about shagging his china doll its about his impartiality.

    I believe that Len brown sold his soul , I don’t care about his relationship with Chuang he might have been better to have had the relationship out in the open if he had then he would not have had the threat of exposure hanging over him and he would not have been able to have been bought.

    It would not be the first time and it would not be the last . many politicians/ decision makes have been compromised over covert love affairs.

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  2. Kea (12,841 comments) says:

    … there is no proof to back up McCready’ Farrar’s assertions.

    I always thought it was the Courts job to determine guilt or innocence.

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  3. jackinabox (776 comments) says:

    “I always thought it was the Courts job to determine guilt or innocence.”

    Supposed to be Kea, but time and time again the cops pervert the course of justice by abusing their discretion not to prosecute.

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  4. Manolo (13,774 comments) says:

    It’s a pity the corrupt Lecher Len does not have an ounce of dignity in his body.

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  5. Akaroa (557 comments) says:

    I can’t help but think that all this is pretty irrelevant anyway.

    As I see it Comrade Len’s local political career has been well and truly cooked to a crisp by the revelations of a certain Asiatic lady.

    All he has going for him now is the chance that political apathy by Auckland voters will let him slip in under the radar for another term.

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  6. Kea (12,841 comments) says:

    jackinabox, yes and the opposite by prosecuting people when they should not.

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  7. Longknives (4,746 comments) says:

    “As I see it Comrade Len’s local political career has been well and truly cooked to a crisp by the revelations of a certain Asiatic lady.”

    How?? Nothing has changed- He is still being paid 300k a year by long-suffering Auckland Ratepayers to play with his dick in his office. Len is having a great old laugh at all of our expenses..and he isn’t going anywhere in a hurry!

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  8. tvb (4,422 comments) says:

    This eccentric gentleman thinks law is about filling out forms and reading statutes. It is just like accounting really, same thing. However law is much deeper than that. It involves the application of important concepts. Accountants have no idea what those are and frequently get whacked around the ears like inventing tax avoidance schemes that breach fundamental legal concepts at the heart of tax law. This dear fellow is having a big of fun with Mr Banks and he has succeeded. Mounting a corruption prosecution against Len Brown is more problematic unfortunately.

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  9. ross69 (3,652 comments) says:

    Go easy on the old geezer tvb. McCready probably became an accountant after he realised he didn’t have the charisma to become a funeral director. :)

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  10. Paul Marsden (998 comments) says:

    tvb (3,719 comments) says:

    January 26th, 2014 at 5:27 pm
    This eccentric gentleman thinks law is about filling out forms and reading statutes. It is just like accounting really, same thing. However law is much deeper than that. It involves the application of important concepts. Accountants have no idea what those are and frequently get whacked around the ears like inventing tax avoidance schemes that breach fundamental legal concepts at the heart of tax law. This dear fellow is having a big of fun with Mr Banks and he has succeeded. Mounting a corruption prosecution against Len Brown is more problematic unfortunately.

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    I agree, but when even High Court judges cannot even be trusted to apply the most basic tenants and principals of justice, where does that leave us??

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  11. Paul Marsden (998 comments) says:

    EDIT: Should have stated principals of “law” (not “justice”)

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  12. AG (1,827 comments) says:

    @Kea,

    I always thought it was the Courts job to determine guilt or innocence.

    I accuse Kea of the murder of the Crewes, smuggling tuatara eggs out of the country and running a large scale industrial methamphetamine lab in the basement under her/his house. I will file the papers required for a private prosecution tomorrow morning. Then Kea can spend his/her money hiring a lawyer and we’ll take up a whole lot of court time to find out whether my accusations are true.

    I assume you have no problem with this state of affairs? Because once someone accuses someone of being guilty, then we have to let the courts decide the matter? Right?

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  13. AG (1,827 comments) says:

    so when is a bribe not a bribe?

    It is not illegal to receive a bribe.

    It is illegal to corruptly receive a bribe in respect of any act done in your official capacity. And there is no evidence at all that Sky City gave him the hotel rooms/upgrades because of Brown’s official actions. Which is why DPF is 100% correct – there is no evidence of a crime here, as opposed to foolish/ethically dubious behaviour.

    Commentators also might note that the argument “I don’t like Len Brown or his politics, therefore he must be a criminal” is not one that the courts will look upon kindly.

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  14. Liberty (267 comments) says:

    This is double standards. Len Brown the Labour Mayor should have to go to court just as Banks has to.
    If we are going to get all righteous. There were some unanswered questions about the scampi scandal.

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  15. AG (1,827 comments) says:

    Len Brown the Labour Mayor should have to go to court just as Banks has to.

    That’s just silly. Because a politician from one side faces trial, a politician from the other side also must be put on trial – no matter what the relative strength of the case against the individuals involved or the nature of the allegations against them.

    By that reasoning, if David Cunliffe were on trial for careless driving, then any allegation that John Key committed armed robbery would have to be heard by a court, irrespective of whether there is any evidence to support it? Is that really how we’re going to run our justice system now?

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  16. burt (8,269 comments) says:

    He’s a member of the Labour Party, who honestly thought he’d be prosecuted ?

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  17. AG (1,827 comments) says:

    He’s a member of the Labour Party, who honestly thought he’d be prosecuted ?

    Did the courts/police fail to get the memo with regards Trevor Mallard, Phillip Field and Daljit Singh?

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  18. bhudson (4,740 comments) says:

    Really? There was a Police prosecution against Trevor Mallard? Or did they just let McCready wear a uniform for the day?

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  19. Kea (12,841 comments) says:

    I accuse Kea of the murder of the Crewes, smuggling tuatara eggs out of the country and running a large scale industrial methamphetamine lab in the basement under her/his house. I will file the papers required for a private prosecution tomorrow morning. Then Kea can spend his/her money hiring a lawyer and we’ll take up a whole lot of court time to find out whether my accusations are true.

    I assume you have no problem with this state of affairs? Because once someone accuses someone of being guilty, then we have to let the courts decide the matter? Right?

    AG, I plead guilty. You got me. :)

    David concluded Brown was innocent, but presumably has not seen the evidence or legal argument. Nor have I.

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  20. bhudson (4,740 comments) says:

    David concluded Brown was innocent, but presumably has not seen the evidence or legal argument. Nor have I.

    Actually, it would appear that DPF believes there is insufficient proof to justify a prosecution. Which is a very different thing from concluding that Brown is innocent.

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  21. Graeme Edgeler (3,289 comments) says:

    David concluded Brown was innocent, but presumably has not seen the evidence or legal argument. Nor have I.

    There’s a reason we haven’t seen the evidence. McCready doesn’t have any.

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  22. davidp (3,581 comments) says:

    Brown used to be opposed to casino expansion. Then a casino gave him free and discounted rooms so that he and his mistresses (and possibly prostitutes) could have day time sex. Now Brown supports casino expansion.

    How much more proof do you need? A written contract between Sky and Brown? Tape recordings?

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  23. igm (1,413 comments) says:

    So long as good people of Auckland continue bombarding Lecher Len whenever he has the temerity to venture into public, sooner or later it must get him to a point of resignation. No matter how much he loves his trough and baubles he, and his family, must realise his position is untenable, accept he is a foul disgrace, cutting their losses and effing off.

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  24. Chuck Bird (4,883 comments) says:

    It is a shame someone did not do a private prosecution much earlier. The was a lot of evidence about his misuse of the Council credit card.

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  25. Grace Haden (215 comments) says:

    The sad thing is that when there are truck loads of evidence the court does not even look at it . Apparently evidence plays no part in our courts so why are people asking for evidence?

    If you want evidence do a news paper search as to Browns stand on pokies in 2010 and his stand on pokies now all that intervened was free rooms a bundle of dosh and a secret affair which he did not wish to have exposed.

    By the way what happens to the excess of election donations over expenditure ? if it is pocketed is it a bribe ?

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