Private prosecution against Len Brown

Auckland City Mayor Len Brown. Photo / Dean Purcell
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 pokies-for-convention-centre deal.

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 foolish endeavour".

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

Thank goodness for Mr McCready

Thank goodness for this man - the fact is that he pursued Banks when the authorities were either reluctant to do so, or had other reasons not to do so.  As it turns out Banks is now facing trial when, if the proper investigative authorities had their way, he wouldn't be. 

Len Brown appears to have been found to have accepted thousands of dollars worth of goods or services from a company that wanted support from the Auckland City Council.  The record shows that Brown did not record his conflict of interest and failed to declare receiving these gifts.  Should he get away with that?  Obviously not, and equally obviously he should be held to account.  If it wasn't for Mr McCready, I doubt either the Police, the SFO or his own Council would do anything.

Time after time we now see private citizens pursuing justice at tremendous cost to themselves.  That evil woman, Helen Milner, nearly got away with murdering her husband but for the efforts of her sister-in-law, who did the job of the Police for them. 

It is appalling that this should be the case, but until there is a lot more opacity in the work of the authorities, the work of the individual whistle-blowers and litigants will continue to rise.

This man needs a hobby that doesn't involve suing people

This man sues people at the drop of a hat, isn't it clogging up the justice system??  He needs something to occupy his time. How much tax payer money does he take up being so litigious when the SFO takes over? Auckland voted in Len Brown, I don't think they will again. Is this really for the public good?  Personally I think Len Brown should have stood down if he had even a shred of integrity.

OMG

Sometimes the righteousity of some New Zealanders is too much to bear.  It smacks of cruelty.  Move on with the throwing stones.

He deserves those upgrades.  He works for the city for a pittance.

 

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