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Alistair Carmichael legal challenge broadcast live on TV Alistair Carmichael court asked to dismiss legal challenge
(about 2 hours later)
The first election court hearing in Scotland for 50 years is being broadcast live on TV as a legal challenge to the election of Liberal Democrat MP Alistair Carmichael begins. A court has been asked to dismiss a legal challenge to the election of the former Scottish secretary Alistair Carmichael.
The former Scottish secretary came under pressure to quit after admitting responsibility for a leaked memo written by a civil servant that wrongly suggested the first minister, Nicola Sturgeon, wanted David Cameron to win the general election. Four of the Liberal Democrat MP’s Orkney and Shetland constituents have raised a case at the court of session in Edinburgh, claiming he misled voters during the general election campaign over the leaking of a memo about the first minister Nicola Sturgeon’s meeting with a French ambassador.
The cabinet secretary, Sir Jeremy Heywood, ordered an inquiry after the memo, which claimed Sturgeon told the French ambassador, Sylvie Bermann, that she would prefer to see the Conservatives remain in power, became public. As the full hearing got under way on Monday, Carmichael’s lawyer told the court the petition should be dismissed as it was “irrelevant” and “bound to fail”.
Following the investigation, Carmichael, who had previously insisted he was unaware of the memo, admitted he had allowed his special adviser, Euan Roddin, to release details of the document, which appeared in the Daily Telegraph on 3 April. Carmichael, Scotland’s only Lib Dem MP, was not in court.
The petition was lodged by a number of Carmichael’s Orkney and Shetland constituents in a bid to oust him. The hearing, at a specially convened election court, began with judge Lady Paton saying the court would focus on legal debate surrounding section 106 of the Representation of the People Act 1983. It makes it a criminal offence to release a “false statement” about the character and conduct of an election candidate.
The legal challenge – funded via a crowdfunding appeal – is being brought under Section 106 of the Representation of the People Act 1983, which makes it a criminal offence to release a “false statement” about the character and conduct of an election candidate. Paton said the only people entitled to address the court were the lawyers for both sides and stressed that anybody who interrupted proceedings would have to leave the court.
The election court will sit for two days at court one of the court of session in Edinburgh to hear the legal challenge, while full coverage of the trial will be aired on the STV Glasgow and STV Edinburgh channels and online. The Lib Dems confirmed on Monday morning that Carmichael would not be attending the hearing. Opening the legal debate, Roddy Dunlop QC, representing Carmichael, asked the court to “dismiss the petition as irrelevant” and added that it is “bound to fail” in law.
The Judicial Office for Scotland said permission was granted by the lord justice clerk, Lord Carloway, for live broadcast arrangements to be put in place due to the “exceptional circumstances” presented by the case. The former Scottish secretary came under pressure to quit as an MP after admitting responsibility for a leaked memo written by a civil servant, which wrongly suggested Sturgeon wanted David Cameron to win the general election.
Using remote-controlled cameras, STV has agreed to share the live feed with other media organisations wishing to broadcast on their own platforms. The cabinet secretary, Sir Jeremy Heywood, ordered an inquiry after the memo, which claimed Sturgeon told French ambassador Sylvie Bermann she would prefer to see the Conservatives remain in power, became public.
An SCTS spokesman said: “The Scottish Courts and Tribunals Service held constructive discussions with all parties involved, in reaching an agreement to broadcast the election court and we are pleased STV has agreed to facilitate this. After the investigation, Carmichael, who had previously insisted he was unaware of the memo, admitted he had allowed his special adviser, Euan Roddin, to release details of the document which appeared in the Daily Telegraph on 3 April.
“Guidelines have been put in place to allow proceedings to be streamed live in this exceptional case, which will enable constituents in Orkney and Shetland and across the whole of the UK to view the trial.” Dunlop said on Monday it was accepted that Carmichael’s claim in a Channel 4 interview that he had no prior knowledge of the leak was “not correct”. He also called for a strict interpretation of the Representation of the People Act on the grounds of the “extreme results” that would flow from being found in breach. These include disqualification from standing for election and not being allowed to vote for three years, the court heard.
The case, which is thought to be the first election petition brought in Scotland since 1965, will be heard by two judges, Lady Paton and Lord Matthews. The legal challenge – paid for via a crowd-funding appeal – is being broadcast live in what is believed to be a television first for a court hearing in Scotland.
The election court could sit for two days to hear the case, which is thought to be the first election petition brought in Scotland since 1965. It is being heard by two judges, Paton and Lord Matthews.