The former ACT MP John Banks has had his conviction for making a false electoral donation set aside by the Court of Appeal and has been granted a new trial.
Mr Banks was convicted in August of failing to declare two donations of $25,000 from the internet entrepreneur Kim Dotcom toward his failed bid for the Auckland mayoralty.
He appealed after obtaining affidavit evidence from two United States businessmen, Mr David Schaeffer and Mr Jeffery Karnes, claiming there was no discussion of political donations at a lunch with Mr Dotcom, his wife, Mona, Mr Banks and his wife Amanda.
The three Court of Appeal judges have concluded that if the evidence had been before Justice Wylie in the High Court the outcome may have been different.
