Graham McCready

Graham McCready
Nationality	New Zealander
Occupation	retired accountant
Known for	successfully taking private prosecutions against MPs

Graham Edward McCready is a retired New Zealand accountant,^[1] known for taking private prosecutions against MPs including Trevor Mallard, John Banks and Prime Minister, John Key. Mr McCready has initiated these prosecutions after the police have refused to take action against the MPs following potentially illegal behaviour. As part of this process he has also laid complaints with the Independent Police Conduct Authority (IPCA) about the police inaction.

Early life

McCready is the youngest of four children, and the son of an alcoholic Irish wharf worker. His battles with authority began while he was still at school. He topped his seventh-form chemistry class but his teacher awarded the class prize to someone else. McCready wrote an end of year presentation on freedom of speech. The principal read it, didn't like it and told him to write another one. He wrote another, but tore it up in front of assembly and read the banned once.^[2]

Career

Among other things, McCready has worked as an engineer in the Royal New Zealand Air Force During this time he got into a punch-up trying to protect a woman who was being accosted by a drunk. He says he told the man "respectfully to desist". When the drunk continued, McCready broke his jaw and was charged with assault, convicted and discharged. The drunk was convicted of assault on a female. McCready says this incident was the genesis of his private assault prosecution against Trevor Mallard years later. "People should be equal in front of the law" he said.^[2]

Mr McCready also worked as a computer technician for a Canadian airline. He got sacked after he found problems in one of Air Canada's technical systems and wrote a quality assurance report which he says management tried to block. The systems was subsequently upgraded and the managers who were responsible lost their jobs.^[2]

While in Canada McCready became involved in real estate, buying numerous houses for an initial outlay of $500. He became aware that the "Montreal Mafia" were involved in a get rich quick scheme and he was offered the opportunity to go into "business" with them. He went to the media instead and exposed the fraud. Mr McCready says this was the "start of his public campaign to right injustice, generally against the rich, powerful or famous".^[2]

Mr McCready also worked as a clerk at Wellington City Council. While working at the Council he developed chronic occupational overuse syndrome and had to go onto a benefit. He is now retired.^[2]

After successfully taking Trevor Mallard to court in 2007, he was interviewed by the New Zealand Herald. In an article titled Battler a thorn in side of authority, Mr McCready revealed a lengthy history of situations, many related to his employment, where he has stood up to authority.

New Zealand Private Prosecution Service

In February 2013, Mr McCready registered the New Zealand Private Prosecution Service as a company, intended as a consumer watchdog.^[3]

Public perceptions

Mr McCready is often described in the media as a 'serial litigant'.^[4][5] McCready rejects suggestions that his prosecutions are 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".^[6] He describes himself as an activist and says his prosecutions are about 'injustice, unfairness and incompetence' by public figures and that he only takes legal action when there is reluctance by police to prosecute. "I'm actually a very private person. But if I see something, I will put my head above the parapet."^[2]

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.^[2] The prosecution arose after Mallard had a fight with National Party MP Tau Henare in Parliament. Mallard eventually pleaded guilty to a charge of fighting in a public place and was ordered to donate $500 to the Salvation Army. McCready said he was happy with the outcome although the guilty plea allowed Mr Mallard to escape the more serious charge of assault which carries a criminal record.^[7]

John Banks prosecution

McCready took a private prosecution against ACT Party MP John Banks 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.^[1] 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.^[8] 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.^[9]

In November 2014, the Court of Appeal set aside Bank's original guilty verdict and ordered a retrial after new evidence about the case came to light.^[10][11] A retrial date has been set for July 2015.^[12]

John Key 2014

In June 2014, McCready filed further charges in relation to the Banks case, this time targeting Prime Minister John Key, 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.^[13]

John Key 2015

In April 2015 McCready filed court documents accusing John Key of assaulting a waitress, Amanda Bailey, after she wrote to the Daily Blog revealing that the Prime Minister had repeatedly pulled her ponytail when he came to the cafe where she worked. When Mr Key failed to stop, Ms Bailey wrote: "I felt powerless and tormented. I stepped out the back and I cried frustrated tears."^[14]

Mr McCready also filed a sexual harassment complaint against Mr Key with the Human Rights Commission.^[15] The story was reported in the international media^[16] and rapidly became known as the 'ponytailgate' scandal.^[17]

Other prosecutions

In December 2013, McCready announced that he was planning a private prosecution for manslaughter against former head of Pike River Mine 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.^[18] 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.^[19]

Convictions

Mr McCready has been declared bankrupt twice.^[20] In 2006, he was sentenced to 75 hours community service after he traded while bankrupt. He says the IRD only pursued him after he told one of their investigators to put on a tie and address him as Mr McCready rather than by his first name.^[2] 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.^[21]

In 2013, McCready was convicted of blackmailing a company director and sentenced to six months' community detention after he threatened to expose claims that a Wellington company director was guilty of financial impropriety.^[19] He wrote in an apology to the victim that: "My conduct was criminal, unnecessary, and I am sure caused you some considerable distress."^[19] Although he escaped jail time, the court costs bankrupted him, for the second time.^[8]

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.^[22] He failed to be elected, receiving 239 votes.^[23]

Personal life

McCready met his wife while working in Canada and has two daughters. He drank heavily for many years and says "alcohol removed a lot of things out of my life - my cars, my kids, my houses. I found myself in a bug-infested rooming house wondering what the hell I was doing." He started going to Alcoholics Anonymous and in 2007, hadn't had a drink in 17 years.^[2] In March 2014, Mr McCready sought early release from bankruptcy so he could travel to Canada to renew his relationship with his two adult daughters who he has not seen for 20 years. He said that being declared bankrupt has prevented him from travelling.^[24]

References