Len Brown case hits snag

MICHAEL DALY
Last updated 09:36 25/01/2014
Len Brown
LAWRENCE SMITH/Fairfax NZ
AUCKLAND MAYOR: Len Brown.
Graham McCready
TAKING COURT ACTION: Graham McCready.

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Retired accountant Graham McCready's attempt to take a private prosecution against Auckland mayor Len Brown has run into a hitch.

Documents filed by McCready in Auckland  District Court have been sent back to him because he failed to get leave from the Attorney-General for the action.

Judge Emma Aitken said the charging document McCready had filed to start his private prosecution was not accepted.

McCready alleged Brown  failed to declare five free room upgrades from SkyCity for himself and his wife between November 2010 and November 2013. The upgrades were thought to be worth about $4500.

McCready said that Brown's acceptance of the gifts led to "favourable consideration" towards SkyCity and he would prosecute the mayor under section 105(1) of the Crimes Act - corruption and bribery of an official.

But Judge Aitken said that before any official could be prosecuted for offending under that section, leave must be sought from and given by the Attorney-General.

It was clear the Attorney-General had not consented to the prosecution, the judge said in a decision yesterday.

"Unless and until such leave is granted, no useful purpose could be served by this court considering the evidence filed by Mr McCready and it follows that the charging document must be rejected."

With no proceedings to issue in the court, she directed the documents filed by McCready be returned to him.

McCready said he would make an application to the Attorney-General for consent. If it was received the private prosecution would be refiled.

"This matter is not going to go away any time soon," he said.

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