This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.bbc.co.uk/news/uk-scotland-north-east-orkney-shetland-34154193

The article has changed 16 times. There is an RSS feed of changes available.

Version 7 Version 8
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, it has been claimed. A legal challenge over the election of Liberal Democrat Alistair Carmichael as Orkney and Shetland MP should be dismissed, his lawyer has claimed.
Four of Mr Carmichael's constituents have raised the case.Four of Mr Carmichael's constituents have raised the case.
They say he 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 court service reached an agreement with STV to enable the hearing to be streamed live on the internet.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.BBC Scotland is also streaming the Election Court proceedings.
The petitioners claim what Mr Carmichael said breached the Representation of the People Act.
Mr Carmichael is not in court.Mr Carmichael is 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".
The petitioners claim what Mr Carmichael said breached the Representation of the People Act.
Mr Dunlop said it would be the "easiest thing in the world" for the Act to make it clear if a false statement could be about non-candidates.
'Wrong in law''Wrong in law'
He 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.
And, examining past cases, he said attacking the political position of a candidate did not necessarily attack their character. 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.
He 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'
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.
The case, believed to be the first of its kind in Scotland for 50 years, arose from remarks made by Mr Carmichael during the general election campaign.The case, believed to be the first of its kind in Scotland for 50 years, arose from remarks made by Mr Carmichael during the general election campaign.
He 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 lection, 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.
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.