No private prosecution for Brown

February 22nd, 2014 at 11:00 am by David Farrar

Stuff reports:

An attempt to take a private prosecution against Auckland Mayor has reached a block in the High Court.

Private litigant yesterday filed an application for orders and directions in a lawsuit against Brown in the High Court in Wellington.

McCready, a Wellington resident, initially filed papers relating to the prosecution in the Auckland District Court.

He was told yesterday the case was not a criminal matter, and has gone back today asking for a review of that decision.

McCready said he was asking for a review because he could not understand why it was considered a civil matter when the proposed charges were bribery and corruption.

Because there is no proof of them. Brown acted very badly, but there is no proof his actions were criminal. Lying is not a crime. Not disclosing a free hotel rooms is not a crime. They are reasons for him to resign, but not reasons to be in court.

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19 Responses to “No private prosecution for Brown”

  1. igm (1,413 comments) says:

    Keep demonstrating against this despicable, dishonest, lecherous, fiscally illiterate beast, then public can’t have some leftie judge supporting him. He must go, and if it takes civil disobedience . . . so what, that is the left-wing way, of which he is part of.

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  2. Elaycee (4,374 comments) says:

    There can be no doubt Brown is a fair target – his actions were totally appalling and an insult to the office of the Mayor of Auckland. No doubt either, he should resign.

    This aside, the action by McCready was always going to go down a dead end – for the reasons mentioned above. His action was a complete WOFTAM.

    The question remaining for me, is when will the retired, bankrupt (twice over), banned company director, convicted blackmailer, fraudster and serial litigant Graham McCready, finally be declared a vexatious litigant?

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  3. Michael (904 comments) says:

    I expected this – McCready is a terrible lawyer who just files cases to feed his own narcissistic tendencies and romantic notion that he is a defender of democracy. His case was based on two things:

    Len Brown got complimentary rooms and upgrades from SkyCity.
    Len Brown voted in favour of the SkyCity Convention Centre.

    This is not proof of corruption in itself. You would have to prove that Len Brown explicitly went from not supporting to supporting on the basis of the freebies. I haven’t seen anything supporting this, so knew it would be struck out at the first oppurtunity.

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  4. Elaycee (4,374 comments) says:

    @Michael: If I may… it’s actually worse.

    McCready is not ‘even’ a lawyer. He was an accountant!

    Yup… definitely a narcissist.

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  5. wikiriwhis business (3,883 comments) says:

    Another action against Brown and prosecution has been forwarded to be decided on teh 28th. This will not stop.

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  6. anticorruptionnz (212 comments) says:

    I am still awaiting a response from the electoral officer who is investigating the 3/4 million which Len brown received from the new Auckland council trust.

    The new Auckland council trust is synonymous with anonymous because it is a name behind which various people are hiding.

    Its time we heard from the electoral officer , these questions should have been asked in 2010 goes to show that no one checks.

    its time the accountability of elected members is as stringent as the accountability which is enforced on us by Auckland transport , they prosecute every one even for genuine mistakes which result in parking in a spot for a millisecond. so why does the mayor gte away with receiving such obscene sums for his election campaign without question?

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  7. Chinarugby (87 comments) says:

    Once again – can’t see the fuss you are making, Brown should and hopefully will continue in the role. We will judge him at the next election.

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  8. Ed Snack (1,849 comments) says:

    Surely receiving free hotel room is considered to be the same as taking a direct monetary reward! same with upgrades ? I fail to see why these would not be potential prima facile evidence for corruption and hence for criminal charges. A bribe doesn’t have to be in readies, it can be in goods or services.

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  9. Duxton (642 comments) says:

    Given this judgement, logically the criminal proceedings against John Banks should also be stopped. Any lawyers care to comment?

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  10. igm (1,413 comments) says:

    Duxton: As our judiciary has been infested with lefties, there is no chance of Banksie receiving justice, and the case being dropped.

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  11. Mobile Michael (445 comments) says:

    @Duxton – not necessarily. The evidence in Banks case is more established where the evidence against Brown was circumstantial and subject to conjecture.

    There is credible evidence that Banks knew about donations from SkyCity and Dotcom before he signed his donation return helpfully provided by SkyCity and Dotcom themselves. And the defence that he didn’t read it before signing is not a strong one, as he would have signed under a statement about completeness and truthfulness.

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  12. Duxton (642 comments) says:

    Thanks Mobile Mike – appreciate the explanation

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  13. sbk (312 comments) says:

    “We will judge him at the next election.”…huh…already found guilty…moreso with the pricks that help keep him there.

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  14. publicwatchdog (2,516 comments) says:

    We are awaiting a decision from the Solicitor-General by 28 February 2014, as to whether or not leave will be granted for a private prosecution against Auckland Mayor Len Brown for alleged bribery and corruption.

    For those who want to make light of the efforts of private prosecutor Graham McCready – how many ever expected John Banks to ever face trial for alleged electoral fraud, and the Solicitor-General to take over the prosecution?

    Come on – provide EVIDENCE that proves any of you predicted this historic precedent would ever happen!

    One of the considerations that the Solicitor-General will be taking into account, before granting leave, is ‘public interest’.

    In my view – public FUSS equals ‘public interest’.

    -Here is some media coverage of our LEN BROWN – STAND DOWN march held today, Saturday 22 February 2014:

    _______________________________________________________________________________________________

    LET YOUR BANNERS DO THE TALKING!

    (Lots more folk are now getting the message about ‘corrupt corporate cronyism – of the casino variety’ – and Auckland Mayor Len Brown’s alleged criminal complicity – although this message has NOT been covered (yet) by mainstream media ……

    _________________________________________________________________________________________

    TV3 NEWS

    http://www.3news.co.nz/Anti-Len-Brown-march-in-Auckland/tabid/1607/articleID/333207/Default.aspx

    TVNZ NEWS

    http://tvnz.co.nz/national-news/dozens-support-calls-len-brown-stand-down-5846457

    RADIO NZ

    http://www.radionz.co.nz/news/regional/236974/marchers-call-for-brown-to-step-down

    ZB TALKBACK

    http://www.newstalkzb.co.nz/auckland/news/nbnat/610094480-campaigners-marching-for-len-brown-s-resignation

    RADIO LIVE

    http://www.radiolive.co.nz/News.aspx

    PRIME NEWS??

    __________________________________________________________________________________________________

    PS: Want to describe me as ‘right-wing’?

    ANYBODY?

    If so – I suggest you have a look at the following websites?

    www,dodgyjohnhasgone.com
    http://www.occupyaucklandvsaucklandcouncilappeal.org.nz
    http://www.stopthesupercity.org.nz
    http://www.pennybright4mayor.org.nz
    http://www.pennybright4epsom.org.nz

    (I use the electoral process to help make a fuss about the issues – it’s proven to be quite effective?
    Polled fourth with nearly 12,000 votes on an ‘in-your-face anti-corporate corruption’ platform ….

    http://www.pennybright4mayor.org.nz/wp-content/uploads/2013/08/ANTI-CORRUPTION-WHITE-COLLAR-CRIME-CORPORATE-WELFARE-ACTION-PLAN-Ak-Mayoral-campaign-19-July-2013-2.pdf

    That was what was so interesting about today’s march, the coalition of political aliens from arguably different political galaxies, working together in common cause, calling for Auckland Mayor, Len Brown to STAND DOWN.

    PPS: My formal complaint to Auckland Police against (former) Auckland Council CEO Doug McKay for alleged ‘contravention of statute’ (over failing to follow the due process outlined in the Auckland Council ‘Code of Conduct’ s.8 ‘Compliance’ – and effectively making up his own process and picking his own people to write the Ernst and Young Report) is currently being assessed by an Inspector attached to Auckland CIB.

    (Don’t believe a word I say – read it for yourself –

    http://www.aucklandcouncil.govt.nz/SiteCollectionDocuments/aboutcouncil/governingbody/codeofconductelectedmembers.pdf

    s. 8 – ‘Compliance’.

    Penny Bright
    ‘Anti-corruption / anti-privatisation campaigner’

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  15. publicwatchdog (2,516 comments) says:

    “Because there is no proof of them. Brown acted very badly, but there is no proof his actions were criminal. Lying is not a crime. Not disclosing a free hotel rooms is not a crime. They are reasons for him to resign, but not reasons to be in court.”

    No wonder New Zealand is ‘perceived’ to be the ‘least corrupt country in the world’?

    Seems some folks have a LOT to learn about what constitutes ‘bribery and corruption’ – especially some of those ‘third party’ purportedly statutory ‘public watchdogs’ – like the NZ Serious Fraud Office (who have treated bribery and corruption complaints as ‘complex and serious fraud complaints’ – and the Auditor-General (who failed to disclose she was a SHAREHOLDER in Sky City at the time I asked her to conduct an inquiry into a matter involving Sky City?)

    Penny Bright

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  16. Chinarugby (87 comments) says:

    Wow Penny – a couple of hundred turned up to the little march – I heard there were more people in Q ST Maccas at the same time. Your crusade/cause has no juice – surely you must see that?

    At least you fight for what you beleive in – kudos for that.

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  17. Ben Dover (526 comments) says:

    GOD DEFEND AUCKLAND

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  18. Ben Dover (526 comments) says:

    Let he who is without sin cast the first stone

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  19. Ben Dover (526 comments) says:

    or Rotten Tomato or other piece of suitable fruit

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