John Banks: 'I don't give up easily'

Former Act leader and MP John Banks is all smiles as he arrives for his hearing at the Court of Appeal in Wellington. Photo / Mark Mitchell

Former Act MP and Auckland Mayor John Banks hopes he will be vindicated following a legal appeal against his sentence and conviction for filing a false electoral return.

"I'd like to think that sometime soon the rain's going to stop falling," he said outside court.

"We've had a good hearing and in the next few weeks we hope to get the appropriate result -- that is complete vindication of these charges."

In August, Banks was sentenced to two months' community detention after being found guilty of knowingly filing a false return in relation to the donations, which were declared as anonymous.

Today, Banks said he would not give up the fight to clear his name.

"I don't give up easily and I haven't given up in my heart."

He had spent his entire life doing good things for other people, he said.

"One day I'm going to stand here and tell you 'I told you so'."

The District Court trial earlier this year heard evidence from Kim Dotcom of a lunch at the Dotcom mansion, which was also attended by Dotcom's wife Mona, and Banks and his wife Amanda, on June 5, 2010.

Dotcom told the hearing there was a conversation about a donation to Banks' 2010 mayoral campaign and ways of making it anonymous.

Dotcom and his wife denied there was anyone else at the lunch.

At the Court of Appeal in Wellington today, Banks' legal team presented signed affidavits by two American businessmen, David Shaeffer and Jeffrey Karnes, who said they were also at the lunch.

"We know for a fact that two Americans were there throughout and their very presence is denied by Mr and Mrs Dotcom," Mr Jones said.

Mr Jones read out a statement by Mr Karnes that said there was no conversation at lunch about splitting a $50,000 donation cheque in half.

But Crown lawyer Paul Dacre said there were "certainly" discussions about the donations, if not at lunch, at some stage.

"Evidence shows Mr Banks did know about the donation ... that his inaction shows there was no donation recorded in his return."

It was not clear when Banks knew about the donations, he said.

"It comes back to the charge that Mr Banks knew the returns were false."

Banks told police he had told Dotcom that he could make a donation anonymously, Mr Dacre said.

He also told police he did not tell his campaign team about the donation because he had told Dotcom he could make it anonymously.

Banks, former National Party president Michelle Boag, former Act MP John Boscawen and Banks' former chief of staff Chris Diack were in court today watching the proceedings.

Justices Ellen France, John Wild and Forrest Miller reserved their decision.