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Alistair Carmichael election challenge hears 'cover up' was important Alistair Carmichael leak denial was an 'untruth'
(35 minutes later)
A legal challenge to the election of Liberal Democrat Alistair Carmichael as Orkney and Shetland MP has heard his denial of a leaked memo was important. A legal challenge to the election of Liberal Democrat MP Alistair Carmichael has been told his denial of a leaked memo was important.
Four of Mr Carmichael's constituents have raised the case, under the Representation of the People Act. At a special election court, Jonathan Mitchell QC claimed Mr Carmichael told an "untruth" when he denied knowing about the memo.
They claim the MP misled the electorate over a memo which claimed SNP leader Nicola Sturgeon wanted David Cameron to be re-elected prime minister. The QC said: "This is fundamental, dishonourable conduct."
Jonathan Mitchell QC, representing the petitioners, said it was a "cover up". Four of the Orkney and Shetland MP's constituents raised the case under the Representation of the People Act.
The hearing can be watched live. They claim Mr Carmichael authorised the leak in order to influence the outcome of May's vote.
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 - Scottish Secretary in the Tory-Lib Dem coalition before the election - had authorised the leaking of a civil service memo suggesting Scotland's First Minister Nicola Sturgeon had told the French ambassador she backed Tory PM David Cameron to remain in Downing Street.
Throughout the election campaign, Mr Carmichael denied leaking the confidential memo to the Daily Telegraph.
He claimed in a TV interview 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".
The constituents who brought the petition, Timothy Morrison, Phemie Matheson, Fiona Grahame and Carolyn Welling, all of Orkney, were aided by crowd funding.
They maintain that Mr Carmichael's statement on when he first became aware of the leak of the memo took place before the election and was untruthful.
Under the Act, for a candidate to break the law they must make a false statement of fact with regard to the personal character or conduct of a candidate before or during an election for the purpose of affecting votes.
Mr Mitchell, representing the petitioners, said that the actual leaking of the memo did not breach electoral laws.
But he said it was Mr Carmichael's subsequent denial of not knowing anything until a journalist had made him aware of the leak that had broken electoral law.
He added: "The false statement is his denial."
Mr Mitchell said even if the leaked memo was entirely accurate, the denial of awareness of the leak would remain.Mr Mitchell said even if the leaked memo was entirely accurate, the denial of awareness of the leak would remain.
The QC said the betrayal of confidence and betrayal of secrets was essentially personal, even if driven by political motive.The QC said the betrayal of confidence and betrayal of secrets was essentially personal, even if driven by political motive.
He has already told the court that his clients believed that Mr Carmichael leaked the information to deliberately smear the SNP.He has already told the court that his clients believed that Mr Carmichael leaked the information to deliberately smear the SNP.
Roddy Dunlop QC, for Mr Carmichael, had earlier asked judges at the Court of Session to dismiss the case at the start of the hearing on Monday.Roddy Dunlop QC, for Mr Carmichael, had earlier asked judges at the Court of Session to dismiss the case at the start of the hearing on Monday.
He told the specially-convened election court that the petition was "irrelevant" and "bound to fail".He told the specially-convened election court that the petition was "irrelevant" and "bound to fail".
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. The hearing before Lady Paton and Lord Matthews continues.
The MP - Scottish Secretary in the Tory-Lib Dem coalition before the election - authorised the leaking of a civil service memo suggesting the first minister had told the French ambassador she backed Tory PM David Cameron to remain in Downing Street.
Mr Carmichael 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.
However, the MP later admitted full responsibility for sanctioning its release, and accepted the "details of the account are not correct".