Posts by BenWilson
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Legal Beagle: Q&A: John Banks' judicial review, in reply to Moz,
Aha, let me find Leviticus to see what his punishment should be....
Hmmm, it's actually quite light on fraud. I was expecting a horsewhipping, or maybe bastinadoing (could be mixing up with Islam here). But it seems that it's only paying back what was taken fraudulently + 20%, with a sacrificial animal thrown in. So by the Bible he owes KDC 72 grand and a goat.
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So the key issue for ACT voters nationwide is the 8 Story Limit for Epsom. I think we can fairly surmise they're not going for the party vote any more.
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Legal Beagle: Q&A: John Banks' judicial review, in reply to Moz,
Or to put it in terms he’s familiar with: as you give, so shall you receive.
Heh, long live Kant? I'm down with deterrence, and removal of the the offender from ability to offend again, and restitution if possible. But not retribution. Tempting though it is. Last thing anyone needs is Banks sanctified as ACTs glorious martyr.
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Legal Beagle: Q&A: John Banks' judicial review, in reply to Matthew Poole,
But he’s not.
Yes, I wouldn't find it a compelling argument for clemency, personally. The lack of contrition would seem to me the most aggravating factor for a heavy sentence, which could be mitigated by an open and honest confession. Considering that the kind of people who actually commit this crime tend not to really be seriously hurt by fines, I'd think something a bit more serious and humiliating would be needed if it's ever to be a credible deterrent.
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Legal Beagle: Q&A: John Banks' judicial review, in reply to Kumara Republic,
Prebble is such a nut. I don't think it's a heinous crime either, but it's still a crime. I'd think a fine would be fair. It's not a clerical error, it was deliberately obscuring something, a fraudulent act.
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I guess the argument will be that ending Banks' political career is a pretty strong deterrent for what is essentially a political crime. Of course it's nowhere near as powerful a deterrent as an actual punishment imposed by the court, in particular the punishment of receiving a criminal record. I don't personally think it's worth jail time, but it should, at the very least, be officially acknowledged that a crime was committed.
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Legal Beagle: Q&A: John Banks' judicial review, in reply to Craig Ranapia,
Perhaps I’m really naive, but the smart move for every politician would be to STFU and let the actual member of the judiciary in this sad and tawdry tale do his damn job.
No it's not. They can't sit on their laurels just because Justice moves Slowly. They are in an election year, engaged full time in vote winning. Whether Banks gets a conviction will probably not make a lick of difference to public perception, and they need to form their strategy in real time, continually. Politicians won't be making public announcements about convictions, unless they want to be sued, but they sure as hell will be making plans constantly.
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Legal Beagle: Q&A: John Banks' judicial review, in reply to Rich of Observationz,
have a cuppa with Seymour, indicate the usual deal
Two risks here: the voters of Epsom are sufficiently pissed off not to join in, and the rest of electorate are turned off National by the increasing sleaze factorThere's no downside in doing that, in Epsom. If they don't vote ACT, they'll vote National. But the downside might be around the rest of the country, amongst undecideds making their call about the judgment of Key, if they see him cosying to a party that just had it's leader found guilty of fraud. Key would be thinking about the effect on National's party vote, in continued association with ACT. In actual fact, there could be a net positive reason to kill ACT now, thus discouraging party vote for them, which would probably go to National or nowhere. Gaming it that way, they should actually campaign strongly in Epsom, to completely dislodge ACT.
But I think that's unlikely, because while it might even make National some votes, it's still extremely convenient to have a party to the right of them. I don't think it's going to be tenable position to be the most extreme right party in the whole spectrum of elected representatives. That's just too naked to the threat of the entire center abandoning them. They could end up in a situation where every single other party would just as easily ally with Labour as them. We already know that Maori Party, Dunne, and NZF can and have worked in government with Labour before, and the Greens and Mana probably would, given the chance.
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The obvious referendum that's going to matter on ACT will be Epsom voters in the general election. With 3 cases of fraud now undisputed, even the most dedicated supporter of the government has to be asking if there's a better way than for them to have to keep voting for criminals. Maybe they could just do it the traditional way, by voting for the National party.
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Hard News: The Digital Natives, in reply to Richard Aston,
Yes, elections are bad for business. I'm glad exams are after that.
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