Legal challenge to MP’s re-election to proceed

Judges have ruled that the legal challenge against the election of Northern Isles MP Alistair Carmichael is to proceed.

Following a sitting of the Election Court, in Edinburgh, earlier this month, Lady Paton and Lord Matthews have ruled that the case be put out to a “By Order hearing” to discuss the next stage of the trial.

The legal challenge was lodged by a group of constituents in Orkney, 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.

The judges have 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.

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