Peters and Henry change story

New Zealand First lawyer Brian Henry gives evidence via video link to the Privileges Committee in...
New Zealand First lawyer Brian Henry gives evidence via video link to the Privileges Committee in Parliament today. Photo by NZPA
Winston Peters' lawyer Brian Henry has admitted the "client" referred to in an email to billionaire Owen Glenn providing his bank details for a $100,000 donation is the New Zealand First leader.

Mr Henry's backtrack on his earlier testimony to Parliament's privileges committee came as a partial phone record from Mr Peters, released today, backed up Mr Glenn's timeline of events around the 2005 donation to Mr Peters' legal costs.

Mr Henry today conceded he and Mr Peters recollection of events was poor and their earlier story did not now seem correct.

But he said the call from Mr Peters to him -- immediately after talking to Mr Glenn and immediately before Mr Henry sent Mr Glenn his bank details -- did not conclusively show Mr Peters solicited the $100,000 donation towards his legal fees.

Mr Peters said he had no knowledge of the December 2005 donation until Mr Henry informed him of it in July this year.

But Mr Glenn last week produced phone records which showed he talked to Mr Peters on December 14, 2005, minutes before Mr Henry sent an email to him with providing his bank details for the donation.

The email, produced by Mr Glenn, shows Mr Henry referred to a phone conversation with "my client" at the precise time of the phone call between Mr Glenn and Mr Peters.

Mr Henry has previously denied the "client" was Mr Peters.

But today in a video-linked appearance before the committee Mr Henry changed crucial parts of his story, acknowledging that Mr Peters must be the client referred to.

Partial phone records from Mr Peters, released today, show Mr Peters called Mr Henry one minute after he finished talking to Mr Glenn.

Mr Henry's email was sent one minute after his phone call with Mr Peters ended.

Mr Glenn has said Mr Peters asked for the $100,000 donation in their phone call. Mr Peters has denied that.

But Mr Henry today gave the committee an alternative explanation, although he acknowledged he had little recollection of the actual events.

He said he had spoken to Mr Glenn in either late November or early December asking for a donation.

He said the phonecall from Mr Peters on December 14 could have been about other matters, but reminded him to follow up on his earlier call to Mr Glenn, which he immediately did.

Mr Glenn has denied having any dealings with Mr Henry, prompting calls for Mr Henry to produce phone records to back up his claim.

But Mr Henry said the call was made around the time of Mr Peters' Tauranga electoral petition, between November 22 and December 1, 2005, and he was staying in a motel that only kept phone records dating back to 2006.

The committee is investigating whether Mr Peters broke Parliament's rules by failing to declare the $100,000 donation.

Mr Peters has argued he does not have to declare it as Mr Henry solicited it and the payment was made directly to the lawyer and he had no knowledge of the donation until July.

But correspondence between Mr Peters and the Registrar of MPs' Pecuniary Interests Dame Margaret Bazley released today show Mr Peters had the $100,000 donation added to his 2006 declaration in the past fortnight.

Mr Henry is the last witness before the committee, which is expected to have its report completed by next week.

Mr Peters' New Zealand First party is also facing investigations by the Serious Fraud Office, police and Electoral Commission into undeclared donations.

Key claims from Owen Glenn and Winston Peters over Mr Glenn's $100,000 donation to Mr Peters' legal costs in December 2005.

Mr Glenn says:
* He received a late November call from a New Zealand First staffer and a December 5 message from Mr Peters asking about a donation;
* he called Mr Peters on December 14 and the pair discussed a $100,000 donation to Mr Peters' Tauranga electoral petition, to be paid to his lawyer Brian Henry;
* eight minutes later he received a one sentence email from Mr Henry referring to the phone conversation with "my client" and providing bank details;
* six days later Mr Glenn authorised the payment;
* in early 2006 he saw Mr Peters at the Karaka yearling sales and Mr Peters thanked him;
* at no point did he ever speak to Mr Henry.

Mr Peters and Mr Henry say:
* Mr Henry called Mr Glenn in late November or early December and asked for money after a suggestion from another client;
* Mr Peters says he never called Mr Glenn on December 5;
* Mr Peters says he talked to Mr Glenn on December 14 but money was not discussed;
* Mr Peters immediately called Mr Henry after talking to Mr Glenn but other than mentioning the call the pair did not discuss Mr Glenn or money, instead talking about Mr Peters' petition, however the pair acknowledge their recollection is poor;
* Mr Henry says his only explanation for the email which he can't remember writing is that the call jogged his memory of his earlier call to Mr Glenn and as a result he immediately sent off the email with his bank details;
* Mr Peters says he could not have thanked Mr Glenn at Karaka, as the pair were not formally seated together.