Mudslinger Castislav 'Sam' Bracanov guilty of assault on John Banks

John Banks being attacked with a bucket of mud as he arrived at the High Court in Auckland in May last year. Photo / Brett Phibbs

An elderly anti-royalist has been found guilty of assault after throwing horse manure on John Banks outside the High Court at Auckland last year.

Castislav "Sam" Bracanov admitted throwing the manure at Banks but earlier pleaded not guilty because he felt he had a good excuse for doing it.

At his judge-alone trial today at Auckland District Court, Bracanov, 79, said he wanted Judge Anne Kiernan to understand "the whys" of the event.

"He did it to me twice I did to him once, we are square," he said.

When the assault occurred Mr Banks had been arriving at the High Court for the beginning of his trial on a charge of knowingly filing a false election return.

In his police interview shown in court, Bracanov told Detective Constable Glen Lindup that he gathered the manure on his way to the bus stop. He hid behind a car outside the court and waited for Mr Banks to arrive.

"I had no intention to punch him, just to give him the s***."

As he threw the manure on Mr Banks he called him a "crook".

Mr Lindup told the court that when he arrested Bracanov, he said he "understood his rights and said he had been arrested, quote, 'many times'."

Mr Banks gave evidence to say the man who threw manure over him seemed "very angry, very agitated".

"I thought that I was in for a greater altercation," he said.

Mr Banks said the substance that was thrown at him "smelt like horse manure and looked like horse manure".

The "sloppy" substance had wrecked his suit and his legal team applied for leave from the High Court so he could change before his court appearance.

Mr Banks was later found guilty but in November the Court of Appeal overturned his conviction and ordered a new trial.

Bracanov, who was hard of hearing, represented himself in court today and said: "I don't need a lawyer, I can talk for myself."

Bracanov has previously said he threw the manure on Mr Banks as revenge for offending him 20 years ago and for a fine he had been given while Mr Banks was Minister of Police.

Today Bracanov said he admired Mr Banks because he was elected as a politician "with his brain".

"I respect this man," he said.

Judge Kiernan said she had heard nothing today that qualified as a defence for the assault.
She said it was clear Bracanov felt he had been "slighted" by Mr Banks and he was getting revenge for that.

Bracanov has prior convictions for similar offending and has protested actively against the monarchy.

He was convicted and fined $400 and ordered to pay court costs of $130.

Judge Kiernan said she took into consideration Bracanov's age and his inability to carry out community work.