Thursday, December 05, 2013



Prosecuting Cunliffe

David Cunliffe's election-day tweet has been referred to police. Good. Its a clear (though minor) breach of the law, and the Electoral Commission has to uphold the rules. Unfortunately, judging by their past performance, the police won't - they have no interest in electoral crimes, and even less in prosecuting politicians who could one day decide their budget and powers. So naturally, Graham McCready is stepping up and offering to bring a private prosecution.

I have two comments on this. Firstly, that its a sad state of affairs that this is necessary. We ought to be able to have faith that our police will protect the integrity of our electoral system, but we can't. And that suggests that the police are in serious need of reform, and that we should shift prosecution power for electoral offences to a body which can be trusted, such as the Electoral Commission. Secondly, if McCready brings a case, Cunliffe should plead guilty. He's already admitted posting the statement, and its intent to influence voters is clear. The offence carries a fine of up to $20,000, but its hard to see the maximum being enforced for a minor breach which was immediately corrected, reported and admitted. And it is not severe enough to require resignation from Parliament. Political honesty and the integrity of our electoral system would be served by Cunliffe admitting it, paying the fine, and moving on.