The Green Party says ACT party leader John Banks is trying to delay legal proceedings by seeking a judicial review of last week's district court decision to commit him to trial for electoral fraud.
The MP for Epsom has been ordered to stand trial on a charge of filing a false return after the 2010 Auckland mayoral election.
ACT leader John Banks. Photo: RNZ
The case centres around allegations that donations from casino operator SkyCity and internet businessman Kim Dotcom were signed off as anonymous when Mr Banks knew who had made them.
Mr Banks says the judgement was full of factual inaccuracies and he is filing for an urgent judicial review this week.
Green Party co-leader Metiria Turei says Mr Banks clearly wants to delay the process to avoid having a public trial in an election year.
Wellington barrister Graeme Edgeler says having a judicial review in the High Court will make no difference to the timing of Mr Banks' trial in the district court, as the two processes can run concurrently.
The man who brought the prosecution against Mr Banks, Graham McCready, says his advice is that while every judicial decision is reviewable, no-one has ever used the judicial review process to set aside a committal for trial.
The Solicitor General is considering taking over the prosecution from Mr McCready. If the Crown decides not to do so, former Crown prosecutor and senior barrister Michael Lloyd has offered to represent Mr McCready for free.
Mr Banks is due back in the Auckland District Court on 17 December.
