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Action against Len Brown to continue

SIMON DAY
Last updated 20:00 28/02/2014

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The litigation against Auckland Mayor Len Brown by Graham McCready will not stop, despite his private prosecution against the mayor being turned down by the solicitor general yesterday.

McCready, a retired Wellington accountant and serial litigator, sought a private prosecution against the second-term mayor alleging he broke the law by not declaring five free room upgrades from SkyCity for himself and his wife between November 2010 and November 2013.

The prosecution required the consent of the Attorney General, who referred the case on to the Solicitor General.

The Solicitor General yesterday refused to pursue McCready’s action because it lacked the evidence required to warrant a prosecution.

“We couldn’t show that when Mr Brown received the gifts he knew they were intending to influence his voting situation. It is all about intent,” said McCready.

Had the prosecution not required the support of the Attorney General McCready believes the case would have had sufficient merit to proceed.

“I think had we not had to apply for the solicitor generals consent it would have gone to a judge and it would have shown we had enough evidence to warrant a prosecution,” he said.

Mr McCready said he was not disappointed by the prosecution being turned down because he was not invested in the case, he was just trying to see justice done.

“The people who should be disapointed are the ratepayers of Auckland,” he said.

And the setback would not stop McCready bring a future prosecution against Brown.

“If the police don’t prosecute we will take those on. One way or another Len Brown is going to face court in the next six months,” McCready said.

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