Auckland City Mayor Len Brown. Photo / Dean Purcell
A private prosecution will be brought today against
Auckland's embattled Mayor Len Brown, alleging he was corrupt
in not declaring hotel freebies from SkyCity.
Two charging documents sent to Auckland District Court by
retired Wellington accountant Graham McCready state that
between November 2010 and November last year, Mr Brown
accepted a bribe for himself and his wife Shan Inglis when he
received three complimentary hotel rooms and five free room
upgrades from SkyCity and SkyCity Grand Hotels.
The gifts, worth about $4600 in total by Mr McCready's own
calculations, were "in return for favourable consideration"
given by Mr Brown towards SkyCity and parent company SkyCity
Casinos, according to the documents.
"He subsequently voted on matters relating to those entities
without disclosing the fact of the gifts in his register of
interests, or disqualifying himself," the documents say.
An EY (Ernst & Young) report published after revelations
of Mr Brown's two-year affair with aspiring politician Bevan
Chuang found the Mayor failed to declare $39,000 in free
hotel rooms and upgrades in total.
Mr Brown took three free hotel nights and five upgrades at
SkyCity hotels during the time he was championing the
Mr McCready has laid the charges, which each carry a maximum
jail term of seven years, under a section of the Crimes Act
covering corruption and bribery of public officials.
Mr McCready told APNZ he was an independent party. He did not
live in Auckland, was not involved in the city's politics and
had not met Mr Brown.
Although the dollar amount of the alleged corruption was
small, important principles were at stake.
"We almost have a tradition of not charging public officials
high profile people. I'm sure if other people did similar
things they would be charged," he said.
A spokesman from Mr Brown's office said the Mayor was aware
of the matter but had no comment.
Auckland University legal academic Bill Hodge said he had
seen the charging documents and they were not a "not a
Mr McCready appeared to have set out the prosecution under
the appropriate legislation, Associate Professor Hodge said.
Now it would likely head through an administrative stage,
where Mr Brown would be notified by the court and given the
chance to try to have it thrown out.
If the prosecution remained, a judge could then decide if it
was worthwhile proceeding through the courts.
Assoc Prof Hodge said if that happened Mr McCready might hope
a prosecuting agent, such as the Serious Fraud Office, would
take over what could be a costly exercise.
An SFO spokeswoman had no comment yesterday.
Mr McCready is known for his pursuit of public figures
through the courts and has a proven track record in bringing
successful prosecutions where others have failed.
In 2009 Mr McCready laid a prosecution against Labour MP
Trevor Mallard, who was found guilty of fighting in a public
place over a Beehive stoush with National MP Tau Henare.
More recently Mr McCready laid electoral fraud charges
against ACT leader John Banks, a prosecution since taken over
by the Solicitor-General. It will head to trial this year.
Mr McCready has also been in the dock himself, last year
admitting a charge of blackmail.
- Jimmy Ellingham of APNZ