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Alistair Carmichael court hearing over re-election to be broadcast by STV Alistair Carmichael court hearing over re-election to be broadcast by STV
(35 minutes later)
The broadcaster STV has won permission to televise a court hearing into allegations that Alistair Carmichael unfairly won re-election to the Commons in May after falsely denying that he had helped leak a government memo.The broadcaster STV has won permission to televise a court hearing into allegations that Alistair Carmichael unfairly won re-election to the Commons in May after falsely denying that he had helped leak a government memo.
Carmichael, who held his Orkney and Shetland seat by a narrow margin in the general election, will appear in court on Monday 7 September to face claims from constituents that he breached the Representation of the People Act 1983.Carmichael, who held his Orkney and Shetland seat by a narrow margin in the general election, will appear in court on Monday 7 September to face claims from constituents that he breached the Representation of the People Act 1983.
They have accused him of deceiving voters about his behaviour by concealing his role in the leak of a disputed memo before the election about Nicola Sturgeon’s meeting with the French ambassador, Sylvie Bermann, where the first minister allegedly said she wanted the Tories to win the election. He is accused of deceiving voters about his behaviour by concealing his role in the leak of a disputed memo before the election about Nicola Sturgeon’s meeting with the French ambassador, Sylvie Bermann, where the first minister allegedly said she wanted the Tories to win the election.
In a first for a Scottish court, the court service in Edinburgh announced on Tuesday that it would allow the two-day hearing to be streamed live on STV’s website and its local Freeview channels because of the unique circumstances of the case, which has been brought after constituents raised £60,000 to fund their legal costs.In a first for a Scottish court, the court service in Edinburgh announced on Tuesday that it would allow the two-day hearing to be streamed live on STV’s website and its local Freeview channels because of the unique circumstances of the case, which has been brought after constituents raised £60,000 to fund their legal costs.
Carmichael admitted to a Cabinet Office inquiry that he had authorised his special adviser, Euan Roddin, to leak the Scotland Office memo while he was the Scottish secretary. He had denied all knowledge of it before the election, in which his majority was slashed from 9,928 votes to 817.Carmichael admitted to a Cabinet Office inquiry that he had authorised his special adviser, Euan Roddin, to leak the Scotland Office memo while he was the Scottish secretary. He had denied all knowledge of it before the election, in which his majority was slashed from 9,928 votes to 817.
The document said the then French consul general Pierre Alain Coffinier had claimed Sturgeon confided to the French ambassador that she would prefer David Cameron to win the general election. The assumption was that this was because it would strengthen the Scottish National party (SNP) in its quest for independence. The document said the then French consul general, Pierre Alain Coffinier, had claimed Sturgeon confided to the French ambassador that she would prefer David Cameron to win the general election. The assumption was that this was because it would strengthen the Scottish National party (SNP) in its quest for independence.
Sturgeon vehemently denied doing so. Coffinier insisted the memo was an inaccurate account of his briefing to the Scotland Office and denied saying that Sturgeon had expressed a preference for who should be prime minister. The official he spoke to has stood by the accuracy of his memo.Sturgeon vehemently denied doing so. Coffinier insisted the memo was an inaccurate account of his briefing to the Scotland Office and denied saying that Sturgeon had expressed a preference for who should be prime minister. The official he spoke to has stood by the accuracy of his memo.
STV’s footage from four remotely-controlled cameras in court will be shared with other broadcasters, opening the way for the BBC and Sky News to screen the hearing live at the same time. Two of the cameras will focus on the two judges, Lady Paton and Lord Matthews, and two will face the legal counsel for each side. STV’s footage from four remotely controlled cameras in court will be shared with other broadcasters, opening the way for the BBC and Sky News to screen the hearing live at the same time. Two of the cameras will focus on the two judges, Lady Paton and Lord Matthews, and two will face the legal counsel for each side.
The court service said Lord Carloway, the lord justice clerk and Scotland’s most senior civil judge, had issued the ruling after a judges’ panel decided earlier this year to allow civil cases to be broadcast or recorded if there was a strong public interest in doing so.The court service said Lord Carloway, the lord justice clerk and Scotland’s most senior civil judge, had issued the ruling after a judges’ panel decided earlier this year to allow civil cases to be broadcast or recorded if there was a strong public interest in doing so.
In a statement, the Scottish Courts and Tribunals Service said: “At a previous hearing it was decided that there were special circumstances which rendered it desirable that the petition should be heard in Edinburgh rather than on one of the two island groups that make up the constituency.In a statement, the Scottish Courts and Tribunals Service said: “At a previous hearing it was decided that there were special circumstances which rendered it desirable that the petition should be heard in Edinburgh rather than on one of the two island groups that make up the constituency.
“To enable the constituents to view proceedings, permission was granted by the lord justice clerk, Lord Carloway, for live broadcast arrangements to be put in place due to the exceptional circumstances this case presented.“To enable the constituents to view proceedings, permission was granted by the lord justice clerk, Lord Carloway, for live broadcast arrangements to be put in place due to the exceptional circumstances this case presented.
“While this general guidance has yet to be drafted, specific guidance setting out a number of conditions to enable filming to take place in this exceptional case was drafted and agreed.”“While this general guidance has yet to be drafted, specific guidance setting out a number of conditions to enable filming to take place in this exceptional case was drafted and agreed.”
While some filming in a civil court has happened before in Scotland, for broadcast after a hearing, STV was the first Scottish broadcaster to televise the sentencing of a criminal trial in 2012. This is the first sitting of an election court in Scotland for 50 years.While some filming in a civil court has happened before in Scotland, for broadcast after a hearing, STV was the first Scottish broadcaster to televise the sentencing of a criminal trial in 2012. This is the first sitting of an election court in Scotland for 50 years.
STV’s head of news, Gordon Macmillan, said: “STV News is delighted to have the opportunity to provide this groundbreaking broadcast. [This] is a significant advance in the televising of the Scottish courts and it will provide an important live insight – most especially for Mr Carmichael’s constituents – into the legal process in this case.”STV’s head of news, Gordon Macmillan, said: “STV News is delighted to have the opportunity to provide this groundbreaking broadcast. [This] is a significant advance in the televising of the Scottish courts and it will provide an important live insight – most especially for Mr Carmichael’s constituents – into the legal process in this case.”
Carmichael, who faced a campaign for him to resign his seat after his admission and did not respond to calls to discuss the broadcasting ruling on Tuesday, has rejected the complainants’ allegations.Carmichael, who faced a campaign for him to resign his seat after his admission and did not respond to calls to discuss the broadcasting ruling on Tuesday, has rejected the complainants’ allegations.
He said he had admitted wrongdoing, handed back a payment for losing his post as the Scottish secretary and said he would have resigned from that post had he still held it.He said he had admitted wrongdoing, handed back a payment for losing his post as the Scottish secretary and said he would have resigned from that post had he still held it.
His answers to the petition state there has been no breach of section 106 of the act, which has quite specific definitions of what constitutes illegal conduct. Carmichael insists he did not make a false statement in relation to the personal character or conduct of a candidate – the definition of a breach under section 106, before or during an election, for the purpose of affecting the return of any candidate at the election.His answers to the petition state there has been no breach of section 106 of the act, which has quite specific definitions of what constitutes illegal conduct. Carmichael insists he did not make a false statement in relation to the personal character or conduct of a candidate – the definition of a breach under section 106, before or during an election, for the purpose of affecting the return of any candidate at the election.
Carmichael faces a further investigation. Kathryn Hudson, the parliamentary standards commissioner, has launched an inquiry into whether Carmichael broke the Commons code of conduct over the leak after receiving a number of complaints.Carmichael faces a further investigation. Kathryn Hudson, the parliamentary standards commissioner, has launched an inquiry into whether Carmichael broke the Commons code of conduct over the leak after receiving a number of complaints.