CORONER Warner Banks, who allegedly signed a document suggesting his girlfriend was paying rent on his government flat, may never know the decision of the disciplinary hearing that begins today. Mr Banks, 51, is accused of signing a statement for teacher Chris Macartney so she could reclaim the money from her former bosses at the German Swiss International School. Two judges, Mr Justice Wong and Deputy Judge Seagroatt, and a senior civil servant, Sandra Lee, will listen to evidence behind closed doors. But under archaic colonial regulations they will pass their findings and recommendations to the Governor. It is then up to Chris Patten whether he accepts the recommendations and what action he takes. Penalties range from a reprimand to dismissal. The hearing follows an internal inquiry sparked off by allegations that Mr Banks sublet his 2,000 square-foot Mid-Levels flat to Ms Macartney, whom he has since married. But the charge he faces is a less serious one of 'making a misleading statement'. New Zealander Mr Banks, who earns between $71,265 and $88,400 a month, pays 71/2 per cent of his salary as rent on the plush Mount Nicholson Road flat. It is understood there are a couple of potential witnesses on both sides. But the coroner's lawyer, Gary Plowman, QC, said Mr Banks would not necessarily be asked to testify. Although the hearing is not a criminal trial, the procedure is similar. Bill Marshall, QC, known as counsel assisting the investigation, will call his witnesses first. Mr Plowman said: 'The committee is established to investigate the facts and find what they are. But you do not get a decision. The committee makes its recommendations to the Governor. They are not communicated to solicitors or counsel. 'Mr Banks will not know what their findings are. He will only know what the Governor decides.'