So the court has found John Banks guilty. Three observations. First, I have known John Banks for 30 years and have not found him to be anything other than an honest man. Second, it is a huge tragedy for a man who has overcome great personal difficulties; served with distinction as a Member of Parliament, as a Minister, and as the mayor of Auckland; and helped to raise three Russian orphans.
But third, when I contrast what John Banks was found by the court to have done with what Helen Clark’s Labour Party did in 2005 – without the slightest attempt by the Police to call her to account – the offence of which he has been found guilty is utterly trivial.
In 2005, the Labour Party spent Parliamentary funding to the extent of more than three-quarters of a million dollars on explicit electioneering, despite having been warned against doing so by both the Auditor General and the Chief Electoral Officer just weeks before the election. Yes, they eventually repaid that money, but only under strong protest. And of course by that the time the election was won.
And what they could not undo, and were never held to account for, was grossly overspending the legal limit on spending in that election. The Police, in a disgracefully biased decision, decided not to prosecute, despite the Labour Party’s own auditors finding that the Party had unambiguously breached the legal spending limit if spending on their infamous “pledge card” was election spending. And did anybody who saw that “pledge card” think it was NOT part of Labour’s election campaign?
Whatever John Banks did in trying to raise money to finance his mayoral campaign in 2010 did not affect the outcome of that election. By contrast, Labour’s illegal behaviour almost certainly did affect the result of the 2005 election.
Excellent points by Don Brash. Banks was wrong to break the law, but Labour’s law breaches in 2005 were much more significant and did have an impact on the election result.