Date set for next stage of MP legal challenge

The judges tasked with deciding whether Northern Isles MP Alistair Carmichael broke strict electoral laws have set a date for when they’ll hear evidence in the case.

Election Court judges Lady Paton and Lord Matthews have set aside four days of court time for proceedings, which will begin on November 9, in Edinburgh.

The judges also ruled that television company STV could show part of the proceedings next month.

However, the broadcasters will not be permitted to show live footage of witnesses giving evidence but only the legal submissions made by lawyers.

The legal challenge was lodged by four Orkney constituents – Timothy Morrison, Phemie Matheson, Fiona Graham and Carolyn Welling – who want the General Election result overturned, after Mr Carmichael admitted he was responsible for a pre-election leaked memo regarding a conversation between Nicola Sturgeon and the French ambassador to the UK.

The leak led to a Daily Telegraph article claiming that Scotland’s First Minister told the ambassador she would have preferred that David Cameron remain in Downing Street.

Mr Carmichael denied any knowledge of the leak until after the General Election. He later admitted that the account of the conversation in the leaked memo was incorrect.

The legal challenge claims that Mr Carmichael’s re-election contravened the Representation of the People Act 1983, because voters were unaware of his involvement in the pre-election leak, as he had denied any knowledge of it.

However, Mr Carmichael claims there was no breach of section 106 of the Act, as set out by the petition, and that he “did not make a false statement of fact in relation to the personal character or conduct of a candidate, before or during an election, for the purpose of affecting the return of any candidate at the election.”

Last month, the judges ruled that “a false statement by a candidate about his own personal character or conduct made before or during an election for the purpose of affecting his return at the election has the effect of engaging section 106” of the  Act.

However, they said they want to hear evidence relating to two other issues before giving a determination and report to the House of Commons in terms of sections 144 and 158 of the 1983 Act.

The lawyers representing the constituents have until later this month to submit a document in which they’ll detail the witnesses they intend to call.