Dotcom on Banks: 'It's over but it's not justice'

Kim Dotcom said he considered the ruling dismissing the John Banks case a "technicality". Photo / Michael Craig

A new version of events has emerged from Kim Dotcom on the John Banks donation saga - and this time, Amanda Banks is nowhere to be seen.

The wife of former Act leader John Banks was heralded as the politician's saviour today after the Court of Appeal tossed out the case that he had filed a false electoral return.

The Court of Appeal justices criticised prosecuting lawyer Paul Dacre QC for keeping silent on a new interview with Dotcom that contained a fresh set of events prior to a crucial hearing.

Dotcom says the ruling by the Court of Appeal allowed Mr Banks an escape on a "technicality". He said there were still five witness statements from himself, wife Mona Dotcom, bodyguard Wayne Tempero and two others which recounted a discussion about donations.

"The judges at the Court of Appeal haven't looked at the witness statements but that some information was withheld by the Crown."

The case was thrown out after Mrs Banks turned detective, apparently slighted by the High Court judge's finding Mrs Dotcom was the more credible witness of the two wives.

Mrs Banks had always said there were two Americans at the lunch who would prove her case by testifying there was no discussion about donations.

She tracked down the Americans, and it was their testimony which sent the case back for a retrial.

But then it emerged a lawyer working for Mr Dacre had interviewed Dotcom about the Americans but not put the information before the Court of Appeal hearing.

In the interview, Dotcom now agreed the Americans were at the lunch but said there was a subsequent meeting at which the donations were offered.

The Court of Appeal found the withholding the information amounted to a miscarriage of justice and tossed the entire case out.

Dotcom said last night he had never testified Mrs Banks was at the donation meeting, although others had. He said the donation meeting took place after the June 5 lunch, at which the Americans were present.

"At the donation meeting, she wasn't present. What I didn't recall is what happened at the June 5 meeting" He said the High Court judge, when issuing his ruling, had declared the donation meeting was on June 5 when Dotcom had always maintained it was on June 9.

The High Court settled on June 5 after testimony Mrs Banks was present and evidence showing she was working on June 9. Evidence was also heard Mr Banks had mayoral duties on June 9.

"After the (June 5) meeting, when I escorted him (Mr Banks) out to the car, he said 'Kim, I would like to see you about another matter'."

Dotcom said it led to a later meeting which he believed to be June 9, based on the date of the two $25,000 cheques he donated to the Banks' campaign.

"She wasn't present at the donation meeting."

Dotcom said he considered the ruling dismissing the case a "technicality".

"It's over but it's not justice."