The man who initiated the private prosecution of John Banks has turned his sights on Labour Party leader David Cunliffe, saying that if the police don't prosecute him, then he will.
Graham McCready, a retired accountant from Lower Hutt, has previously taken a successful private prosecution against Labour MP Trevor Mallard, and brought a prosecution against the ACT leader John Banks, which is currently before the court.
Mr Cunliffe is being investigated over a tweet sent on the day of the Christchurch East by-election last Saturday urging support for the Labour candidate.
The Electoral Commission believes this is a breach of the Electoral Act because it was published on polling day. It has referred the matter to the police.