John Banks

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Charge:	Corrupt Election Practices
Sentence:
Years Imprisoned:
Year Crime:	2010
Year Convicted:	2014
Year Cleared:	2015
U.S. State or Country of Crime:	New Zealand
County or Region of Crime:
City of Crime:	Auckland
Result:	Judicially Exonerated
Summary of Case:	"John Banks was wrongly convicted in 2014 of illegal campaign election practices in New Zealand. On November 28, 2014 the New Zealand Court of Appeal quashed John Banks' conviction and ordered a retrial. On reconsideration, the Court of Appeals reversed itself on May 19, 2015 and ordered that Banks not be retried, which was the equivalent of an acquittal. Banks filed a claim for NZL$190,000 compensation from New Zealand's government. During a hearing in the High Court on July 7, 2015 his lawyer argued he was entitled to compensation because the prosecution relied on fabricated evidence from three witnesses. On July 14, 2016 High Court Justice Edwin Wylie's decision was released in which he dismissed Banks' application becuase he must "bear some responsibility" for his conviction because during his trial he did not call two American businessman who later provided evidence proving his innocence. Justice Wylie also ruled that since the prosecution witnesses had not been charged with perjury, "it cannot be baldly asserted that their evidence was fabricated.""
Conviction Caused By:
Innocence Proved By:	"On November 28, 2014 the New Zealand Court of Appeal quashed John Banks' conviction and ordered a retrial. On reconsideration, the Court of Appeals reversed itself on May 19, 2015 and ordered that Banks not be retried, which was the equivalent of an acquittal."
Defendant Aided By:
Compensation Awarded:	Denied by New Zealand.
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	White
Information Source 1:	"Banks v R [2015] NZCA 182 (May 19, 2015) (Reversing its order of Nov. 28, 2014 for a retrial, and ordering that Banks not be retried, effectively acquitting him.)"
Information Location 1:	https://www.courtsofnz.govt.nz/cases/banks-v-r/at_download/fileDecision
Information Source 2:	Banks v R [2014] NZCA 575 (28 November 2014)
Information Location 2:	http://www.nzlii.org/nz/cases/NZCA/2014/575.html
Information Source 3:	"How John Banks' wife's obsessive detective work cleared his name, By Adam Bennett (political reporter), New Zealand Herald, November 29, 2014"
Information Location 3:	http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11366193
Information Source 4:	"John Banks: 'I'm an innocent man today', By Katie Kenny, Stuff.co.nz, November 28 2014"
Information Location 4:	http://www.stuff.co.nz/national/politics/63631562/john-banks-conviction-quashed
Information Source 5:	"John Banks cleared: 'You've no idea how lonely this has been', By Jared Savage, The New Zealand Herald, May 19, 2015"
Information Location 5:	http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11451091
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John Banks

Charge:

Corrupt Election Practices

Sentence:

Years Imprisoned:

Year Crime:

2010

Year Convicted:

2014

Year Cleared:

2015

U.S. State or Country of Crime:

New Zealand

County or Region of Crime:

City of Crime:

Auckland

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

"On November 28, 2014 the New Zealand Court of Appeal quashed John Banks' conviction and ordered a retrial. On reconsideration, the Court of Appeals reversed itself on May 19, 2015 and ordered that Banks not be retried, which was the equivalent of an acquittal."

Defendant Aided By:

Compensation Awarded:

Denied by New Zealand.

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

White

Information Source 1:

"Banks v R [2015] NZCA 182 (May 19, 2015) (Reversing its order of Nov. 28, 2014 for a retrial, and ordering that Banks not be retried, effectively acquitting him.)"

Information Location 1:

https://www.courtsofnz.govt.nz/cases/banks-v-r/at_download/fileDecision

Information Source 2:

Banks v R [2014] NZCA 575 (28 November 2014)

Information Location 2:

http://www.nzlii.org/nz/cases/NZCA/2014/575.html

Information Source 3:

"How John Banks' wife's obsessive detective work cleared his name, By Adam Bennett (political reporter), New Zealand Herald, November 29, 2014"

Information Location 3:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11366193

Information Source 4:

"John Banks: 'I'm an innocent man today', By Katie Kenny, Stuff.co.nz, November 28 2014"

Information Location 4:

http://www.stuff.co.nz/national/politics/63631562/john-banks-conviction-quashed

Information Source 5:

"John Banks cleared: 'You've no idea how lonely this has been', By Jared Savage, The New Zealand Herald, May 19, 2015"

Information Location 5:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11451091

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