John Banks appeals his conviction

IAN STEWARD
Last updated 12:36 07/08/2014
05-AKL-BANKS11.jpg
DAVID WHITE
GUILTY: John Banks outside the High Court in Auckland after being found guilty of knowingly filing a false electoral return.

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John Banks has filed an appeal of his conviction for knowingly filing a false electoral return.

The Court of Appeal has confirmed that Banks filed an appeal yesterday.

A hearing date has not yet been set.

The ex-Epsom MP, ex-ACT Party leader, and ex-mayor of Auckland, was sentenced on Friday to two months of community detention and 100 hours community work.

Outside court he said that new evidence had arisen that would "completely exonerate" him but he refused to say what it was.

Banks was found guilty on June 5 of knowingly transmitting a false electoral return in his failed 2010 campaign for the Auckland Super City mayoralty.

The sentencing judge, Justice Edwin Wylie, said the charge Banks had been found guilty of related to internet mogul Kim Dotcom's contribution to his mayoral campaign.

The contribution was recorded as anonymous when Banks knew who it was from.

The judge said Banks had engineered the situation of the return being prepared by someone who did not know the facts and he did not check the electoral return to "insulate" himself from the process.

"I found that you either had actual knowledge of the falsity or you deliberately chose not to check because you had no doubt as to what the answer would be," the judge said.

Legal sources said Banks' sentence would probably be put on hold until the outcome of the appeal was known. 

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