The Government's lawyers are to take over the prosecution of ACT leader John Banks.
An Auckland District Court judge has ordered Banks to stand trial over how some donations to his 2010 Auckland mayoral campaign were recorded.
Banks quit as Minister for Small Business and Minister for Regulatory Reform last week following the ruling.
Crown Law has written to Wellington accountant Graham McCready, who brought a private prosecution against Banks and has agreed to take over the case.
McCready asked Crown Law to intervene earlier this year, citing a lack of funds. Solicitor-General Michael Heron initially declined but agreed to take a fresh look after the judge's decision. In his letter to McCready, Heron said he had "decided to assume responsibility for the prosecution of Mr Banks".
Meanwhile Banks this week said he would ask for a judicial review of the District Court's decision.
The prosecution came after a total of $65,000 donations to Banks' mayoral campaign were registered as anonymous. Two $25,000 donations were from internet entrepreneur Kim Dotcom while $15,000 was from SkyCity.
Banks is adamant he did nothing wrong and has said there are a"myriad of factual inaccuracies" in the judgment and that the legal decision is "flawed."
If he is unsuccessful in obtaining a judicial review, the case is expected to go before the High Court next year.
- Fairfax Media
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