KEY POINTS:
A Wellington accountant says he will today attempt to serve a court summons on Cabinet Minister Trevor Mallard over his parliamentary punch-up.
Graham McCready told the Herald last night a Wellington District Court judge had issued a summons, after Mr McCready launched a private prosecution against the demoted minister.
If the summons is served, Mr Mallard would be forced to go to court for a hearing - but ultimately it is unlikely his job would be at risk.
Under the Electoral Act a minister is sacked from Parliament if convicted of a crime punishable by two years or more in prison. But the private prosecution against Mr Mallard has been brought under the Summary Proceedings Act, carrying a maximum sentence of six months.
Mr Mallard apologised to Parliament yesterday for the fight with Tau Henare and Speaker Margaret Wilson said she was not going to ask the Privileges Committee to hear a complaint about it from Rodney Hide. Police have said they will not investigate without a witness or victim complaining.
But Mr McCready took a private prosecution, saying the country's lawmakers should not be above the law.
He said the court had asked him to collect the summons this morning and he would ask Mr Mallard to "make himself available at a neutral venue" to receive it.
"If necessary I will ask police for their assistance," Mr McCready said. "I'm just a New Zealand citizen who believes a minister of the Crown should face punishment the same way the man on the street would."
Mr McCready himself faces around 40 tax-related charges. He has elected trial and is due in Wellington District Court in December.
He also hit the headlines this year after revealing an employee of the New Zealand Qualifications Authority had been selling the agency's old surplus computers cheaply on Trade Me.
Last week he wrote to police and Prime Minister Helen Clark urging them to investigate. He said he was forced to take the private prosecution when his call was rejected.
"I'm a Labour supporter but this is a high profile case in the public interest and we live in a democracy," Mr McCready said.
Auckland lawyer Barry Hart said he was not surprised to see a judge had determined there was a prima facie case to answer.
A spokeswoman for Mr Mallard said he had not received a summons, nor had anyone asked him to make himself available to receive one, so could make no further comment.
The next step
* Attempt will be made to serve summons on Trevor Mallard "in neutral venue".
* Police help will be sought if necessary.
* If the summons is served Mr Mallard will face a court hearing.
