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| Alistair Carmichael leak denial was an 'untruth' | Alistair Carmichael leak denial was an 'untruth' |
| (35 minutes later) | |
| A legal challenge to the election of Liberal Democrat MP Alistair Carmichael has been told 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. |
| At a special election court, Jonathan Mitchell QC claimed Mr Carmichael told an "untruth" when he denied knowing about the memo. | At a special election court, Jonathan Mitchell QC claimed Mr Carmichael told an "untruth" when he denied knowing about the memo. |
| The QC said: "This is fundamental, dishonourable conduct." | The QC said: "This is fundamental, dishonourable conduct." |
| After two days of evidence, judge Lady Paton said there would be a written judgement in due course. | |
| The case, believed to be the first of its kind in Scotland for 50 years, was adjourned until then. | |
| It had been brought by four of the Orkney and Shetland MP's constituents under the Representation of the People Act. | |
| They claimed Mr Carmichael authorised the leaked memo in order to influence the outcome of May's vote. | |
| It arose from a story in the Daily Telegraph at the start of the general election campaign in April. | |
| Mr Carmichael - 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. | 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. | 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". | 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. | 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. | 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. | 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. | 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. | 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." | 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". |