The judge who sent John Banks to stand trial on false election return allegations made several factual errors that led to a wrong decision, according to the senior lawyer for the politician.
In the judgment that led to Mr Banks resigning from his ministerial portfolios, Judge Phil Gittos said the "evidence clearly shows that Mr Banks was aware of the source" of donations from Kim Dotcom and SkyCity and could "not properly" have declared them as anonymous on his electoral return for his failed campaign for the Auckland mayoralty in 2010.
The judge said there was enough evidence to commit Mr Banks to trial on a charge under the Local Electoral Act - which he wrongly called "Local Elections Act" - after the private prosecution by retired accountant Graham McCready.
The case has now been taken over by Solicitor-General Michael Heron QC but the Act Party leader has filed an urgent appeal to the High Court at Auckland to review the decision that has rocked his political career.
The Herald has been granted access to the court file which reveals the details of Mr Banks' claim for the first time.