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Bid to dismiss Alistair Carmichael MP's election challenge Bid to dismiss Alistair Carmichael MP's election challenge
(35 minutes later)
A legal challenge over the election of Liberal Democrat Alistair Carmichael as Orkney and Shetland MP should be dismissed, his QC has claimed.A legal challenge over the election of Liberal Democrat Alistair Carmichael as Orkney and Shetland MP should be dismissed, his QC has claimed.
Four of Mr Carmichael's constituents have raised the case.Four of Mr Carmichael's constituents have raised the case.
They said the MP misled the electorate over a memo which claimed SNP leader Nicola Sturgeon wanted David Cameron to be re-elected prime minister.They said the MP misled the electorate over a memo which claimed SNP leader Nicola Sturgeon wanted David Cameron to be re-elected prime minister.
The petitioners claim what Mr Carmichael did breached a section of the Representation of the People Act.The petitioners claim what Mr Carmichael did breached a section of the Representation of the People Act.
Section 106 of the act forbids election candidates from making false and statements about their rival candidates.Section 106 of the act forbids election candidates from making false and statements about their rival candidates.
Before the election court case began at the Court of Session in Edinburgh, the court service reached an agreement with STV to enable the hearing to be streamed live on the internet.Before the election court case began at the Court of Session in Edinburgh, the court service reached an agreement with STV to enable the hearing to be streamed live on the internet.
BBC Scotland is also streaming the Election Court proceedings - which are expected to continue on Tuesday. BBC Scotland is also streaming the Election Court proceedings - which will continue on Tuesday.
Mr Carmichael is not in court. Mr Carmichael was not in court.
He is represented by Roddy Dunlop QC, who began by asking the court to dismiss the petition, saying it was "irrelevant" and "bound to fail".He is represented by Roddy Dunlop QC, who began by asking the court to dismiss the petition, saying it was "irrelevant" and "bound to fail".
'Wrong in law''Wrong in law'
Mr Dunlop stressed that a false statement of fact must be "directly related" to the personal character or conduct of a candidate.Mr Dunlop stressed that a false statement of fact must be "directly related" to the personal character or conduct of a candidate.
Ms Sturgeon, the leader of the SNP and Scotland's first minister, was not a candidate in May's general election.Ms Sturgeon, the leader of the SNP and Scotland's first minister, was not a candidate in May's general election.
The QC said it would have been the "easiest thing in the world" for the Act to make it clear if a false statement could be about non-candidates.The QC said it would have been the "easiest thing in the world" for the Act to make it clear if a false statement could be about non-candidates.
He also said attacking the political position of a candidate did not necessarily attack their character.He also said attacking the political position of a candidate did not necessarily attack their character.
Mr Dunlop said the case put by the petitioners "flies in the face of the authorities" and was "wrong in law".Mr Dunlop said the case put by the petitioners "flies in the face of the authorities" and was "wrong in law".
'Truth serum''Truth serum'
The QC said that if the petitioners were right then court would get a lot busier, as all that would be needed was a dispute during an election with one false answer.The QC said that if the petitioners were right then court would get a lot busier, as all that would be needed was a dispute during an election with one false answer.
He said if this was the case then any prospective MP in the run-un to an election would have to be strapped to a lie detector and administered with a truth serum.He said if this was the case then any prospective MP in the run-un to an election would have to be strapped to a lie detector and administered with a truth serum.
Jonathan Mitchell QC, representing the petitioners seeking to remove Mr Carmichael from office, said the MP did not dispute that he made certain statements of fact which were false, or that the statements were made before or during an election.Jonathan Mitchell QC, representing the petitioners seeking to remove Mr Carmichael from office, said the MP did not dispute that he made certain statements of fact which were false, or that the statements were made before or during an election.
However, Mr Mitchell said Mr Carmichael did dispute that he was attempting to affect the return of a candidate, as the petitioners claim he was.However, Mr Mitchell said Mr Carmichael did dispute that he was attempting to affect the return of a candidate, as the petitioners claim he was.
The case, believed to be the first of its kind in Scotland for 50 years, arose from remarks made by Mr Carmichael at the start of the general election campaign in April.The case, believed to be the first of its kind in Scotland for 50 years, arose from remarks made by Mr Carmichael at the start of the general election campaign in April.
The MP, who had been Scottish Secretary in the Tory-Lib Dem coalition before the election, authorised leaking a civil service memo suggesting the first minister had told the French ambassador she backed Mr Cameron to remain in Downing Street.The MP, who had been Scottish Secretary in the Tory-Lib Dem coalition before the election, authorised leaking a civil service memo suggesting the first minister had told the French ambassador she backed Mr Cameron to remain in Downing Street.
Has a case like this taken place before?Has a case like this taken place before?
This is the first parliamentary election petition to be brought in Scotland since the Grieve V Douglas-Home case of 1965.This is the first parliamentary election petition to be brought in Scotland since the Grieve V Douglas-Home case of 1965.
That saw Scottish poet Hugh MacDiarmid - who was born Christopher Murray Grieve - attempting to unseat former prime minister Alec Douglas-Home who at the time was MP for Kinross and West Perthshire.That saw Scottish poet Hugh MacDiarmid - who was born Christopher Murray Grieve - attempting to unseat former prime minister Alec Douglas-Home who at the time was MP for Kinross and West Perthshire.
MacDiarmid had claimed that the Conservative politician's election was void because he had participated in a national party election broadcast on behalf of the Conservative Party and had declared the costs of this on his election expenses.MacDiarmid had claimed that the Conservative politician's election was void because he had participated in a national party election broadcast on behalf of the Conservative Party and had declared the costs of this on his election expenses.
The court found that no offence had been committed, either by the candidate or the broadcaster.The court found that no offence had been committed, either by the candidate or the broadcaster.
Q&A on Alistair Carmichael court caseQ&A on Alistair Carmichael court case
Mr Carmichael had initially denied leaking the confidential memo to the Daily Telegraph.Mr Carmichael had initially denied leaking the confidential memo to the Daily Telegraph.
He claimed the first he had heard of it was when he received a phone call from a journalist.He claimed the first he had heard of it was when he received a phone call from a journalist.
However, the MP later admitted full responsibility for sanctioning its release, and accepted the "details of the account are not correct".However, the MP later admitted full responsibility for sanctioning its release, and accepted the "details of the account are not correct".
The constituents, who have brought the case through crowd-funding, said the MP's actions called into question his suitability to represent the constituency.The constituents, who have brought the case through crowd-funding, said the MP's actions called into question his suitability to represent the constituency.
Mr Carmichael's lawyers argue Ms Sturgeon was not an election candidate, so he was not seeking to influence the outcome of the poll.Mr Carmichael's lawyers argue Ms Sturgeon was not an election candidate, so he was not seeking to influence the outcome of the poll.
Mr Dunlop told the hearing that Mr Carmichael said in a television interview that he had no prior knowledge of the leak, and it was accepted that was not correct.Mr Dunlop told the hearing that Mr Carmichael said in a television interview that he had no prior knowledge of the leak, and it was accepted that was not correct.
Last week, the Scottish Courts and Tribunals Service announced it had reached an agreement with broadcaster STV over coverage.Last week, the Scottish Courts and Tribunals Service announced it had reached an agreement with broadcaster STV over coverage.
It is available on TV and online, allowing constituents to view proceedings.It is available on TV and online, allowing constituents to view proceedings.
STV undertook to share the live feed with all other media organisations wanting to broadcast the hearing.STV undertook to share the live feed with all other media organisations wanting to broadcast the hearing.