Graham McCready
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Graham McCready is a retired New Zealand accountant, known for successfully taking a private prosecution against MP
Trevor Mallard Trevor Colin Mallard (born 17 June 1954) is a New Zealand politician and member of the Labour Party. First elected to Parliament in 1984, he was Speaker of the New Zealand House of Representatives from 2017 until 2022. Mallard was a Cabinet m ...
.


Early life

McCready is the youngest of four children, and the son of an Irish wharf worker. He is the only member of his family to have educational qualifications.


Career

Among other things, McCready has worked as an engineer in the
Royal New Zealand Air Force The Royal New Zealand Air Force (RNZAF) ( mi, Te Tauaarangi o Aotearoa, "The Warriors of the Sky of New Zealand"; previously ', "War Party of the Blue") is the aerial service branch of the New Zealand Defence Force. It was formed from New Zeala ...
, as a computer technician for a Canadian airline, and as a clerk at
Wellington City Council Wellington City Council is a territorial authority in New Zealand, governing the country's capital city Wellington, and ''de facto'' second-largest city (if the commonly considered parts of Wellington, the Upper Hutt, Porirua, Lower Hutt and ...
.


Private prosecutions


Trevor Mallard prosecution

In November 2007 he took a private prosecution against Labour Party MP Trevor Mallard for fighting in a public place. The prosecution arose after Mallard had a fight with National Party MP
Tau Henare Raymond Tau Henare (born 29 September 1960) is a former New Zealand Māori parliamentarian. In representing three different political parties in parliament—New Zealand First, Mauri Pacific and the National Party—Henare served as a Member o ...
in
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
. Mallard eventually pleaded guilty to a charge of fighting in a public place and was ordered to donate $500 to charity. McCready said he was happy with the outcome. He has reportedly been described by
Helen Clark Helen Elizabeth Clark (born 26 February 1950) is a New Zealand politician who served as the 37th prime minister of New Zealand from 1999 to 2008, and was the administrator of the United Nations Development Programme from 2009 to 2017. She was ...
as "a small-minded malicious person".


John Banks prosecution

McCready took a private prosecution against
ACT Party ACT New Zealand, known simply as ACT (), is a Right-wing politics, right-wing, Classical liberalism, classical-liberal List of political parties in New Zealand, political party in New Zealand. According to former party leader Rodney Hide, ACT's ...
MP
John Banks John Banks or Bankes may refer to: Politics and law *Sir John Banks, 1st Baronet (1627–1699), English merchant and Member of Parliament * John Banks (American politician) (1793–1864), U.S. Representative from Pennsylvania *John Gray Banks (188 ...
over filing a false electoral return in the 2010 Auckland mayoral election, after the New Zealand police decided there wasn't sufficient evidence to prosecute Banks. McCready's prosecution was taken over by the Crown before it went to trial. In June 2014, Banks was found guilty by a judge of filing a false electoral return. McCready said he was ecstatic with the outcome. He said that he pursued Banks as a matter of principle, because he believes that everyone in a democracy should be accountable for their actions. In February 2014, before the outcome of the case was known, McCready applied to the court for $10,000–$20,000 in costs for almost a year's work on the case. He wanted either Banks or the Crown to pay the bill, with the proceeds going to himself and charity. In June 2014, McCready filed further charges in relation to the Banks case, this time targeting Prime Minister
John Key Sir John Phillip Key (born 9 August 1961) is a New Zealand retired politician who served as the 38th prime minister of New Zealand, Prime Minister of New Zealand from 2008 to 2016 and as Leader of the New Zealand National Party from 2006 to ...
, a police officer, and Banks again. His contention is that Key "conspired to defeat the course of justice by ensuring Banks was not prosecuted by the police" and that he was an accessory by being wilfully blind to the contents of the police report. McCready rejected suggestions that his prosecutions were a waste of time, saying "that's what the courts are there for. I'm not a serial litigant, I'm New Zealand's private prosecutor who is representing the public". In November 2014, the
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
set aside the original guilty verdict and ordered a retrial. The reason for the verdict being set aside was due to new evidence being made aware to the court regarding the money under question. A retrial date had been set for July 2015 but the case was ultimately quashed by the Court of Appeal on 19 May 2015 when it was revealed a memorandum setting out evidence by some witnesses was subsequently contradicted by themselves had been held back from Banks' legal team and that this evidence meant the new trial was untenable.


John Key and others

In July 2014, McCready filed a private prosecution in Auckland's District Court. Court documents name 10 defendants and 22 proposed charges. The defendants include Prime Minister
John Key Sir John Phillip Key (born 9 August 1961) is a New Zealand retired politician who served as the 38th prime minister of New Zealand, Prime Minister of New Zealand from 2008 to 2016 and as Leader of the New Zealand National Party from 2006 to ...
, as well as four police officers including Detective Inspector Mark Benefield, a QC, and a judicial officer.


Other prosecutions

In December 2013, McCready announced that he was planning a private prosecution for
manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th cen ...
against former head of
Pike River Mine The Pike River Mine is a coal mine formerly operated by Pike River Coal north-northeast of Greymouth in the West Coast Region of New Zealand's South Island. It is the site of the Pike River Mine disaster that occurred on 19 November 2010, lead ...
Peter Whitall. He planned to go ahead with the prosecution after talking to the families of the mine workers who died in the
Pike River Mine disaster The Pike River Mine disaster was a coal mining accident that began on 19 November 2010 in the Pike River Mine, northeast of Greymouth, in the West Coast region of New Zealand's South Island following a methane explosion at approximately 3:44 pm ...
. In February 2013, McCready set up a private prosecution service called the New Zealand Private Prosecution Service, which he intended to be a watchdog for consumers.


Convictions

In 2006, McCready was sentenced to 75 hours community service after he traded while bankrupt. In 2009, McCready was convicted on charges on charges of making false tax returns involving $183,155. He was sentenced to six months' home detention. In 2013, McCready was convicted of blackmailing a company director and sentenced to six months' community detention. He wrote in an apology to the victim that: "My conduct was criminal, unnecessary, and I am sure caused you some considerable distress." Although he escaped jail time, he was unable to pay the court costs and as a consequence was bankrupted.


Involvement in local government

In the Wellington 2013 local government elections, McCready stood as an independent candidate for the Eastern Ward. His campaign centred on extending Wellington airport's runway, upgrading council housing, and extending free public transport for Super Gold card holders. He was not elected, receiving 239 votes.


Personal life

While working at the Wellington City Council he claimed to have developed chronic occupational overuse syndrome. He has been on a benefit since 1995, and lives in a council-subsidised flat in Miramar. McCready has two daughters. He is a reformed alcoholic.


References

{{DEFAULTSORT:McCready, Graham Living people Year of birth missing (living people) New Zealand accountants New Zealand activists People convicted of blackmail