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Alistair Carmichael case: Legal bid to oust Lib Dem MP fails | Alistair Carmichael case: Legal bid to oust Lib Dem MP fails |
(34 minutes later) | |
A legal action challenging the election of Lib Dem Orkney and Shetland MP Alistair Carmichael has failed. | A legal action challenging the election of Lib Dem Orkney and Shetland MP Alistair Carmichael has failed. |
Four constituents raised the action under the Representation of the People Act 1983, claiming he misled voters over a leaked memo before the election. | Four constituents raised the action under the Representation of the People Act 1983, claiming he misled voters over a leaked memo before the election. |
Judges said Mr Carmichael had told a "blatant lie" in a TV interview about when he had become aware of the memo. | Judges said Mr Carmichael had told a "blatant lie" in a TV interview about when he had become aware of the memo. |
But they ruled it had not been proven beyond reasonable doubt that he had committed an "illegal practice". | But they ruled it had not been proven beyond reasonable doubt that he had committed an "illegal practice". |
Mr Carmichael said he was "absolutely delighted" with the decision to refuse the petition, adding that he recognised there had been a lapse in his conduct. | Mr Carmichael said he was "absolutely delighted" with the decision to refuse the petition, adding that he recognised there had been a lapse in his conduct. |
'Not exonerated' | 'Not exonerated' |
He described it as a "highly politically-motivated" case. | He described it as a "highly politically-motivated" case. |
Mr Carmichael said: "I was always confident that we would win and that has been the basis on which we've approached this. | Mr Carmichael said: "I was always confident that we would win and that has been the basis on which we've approached this. |
"But despite that it has been a very difficult, very stressful and very expensive few months for me and the rest of my family." | "But despite that it has been a very difficult, very stressful and very expensive few months for me and the rest of my family." |
But Tim Morrison, one of the petitioners, said: "Alistair Carmichael has been found by the court to have lied to his electorate. | But Tim Morrison, one of the petitioners, said: "Alistair Carmichael has been found by the court to have lied to his electorate. |
"The fact that he has won has not exonerated him. This judgement will change the way that journalists ask politicians questions in the future." | "The fact that he has won has not exonerated him. This judgement will change the way that journalists ask politicians questions in the future." |
A spokeswoman for the Parliamentary Commissioner for Standards confirmed an inquiry into Mr Carmichael was ''ongoing''. | A spokeswoman for the Parliamentary Commissioner for Standards confirmed an inquiry into Mr Carmichael was ''ongoing''. |
The contents of the memo, published in the Daily Telegraph at the start of the election campaign in April, claimed that SNP leader and Scotland's first minister, Nicola Sturgeon, would secretly prefer Tory leader David Cameron as prime minister rather than his Labour opponent Ed Miliband. | The contents of the memo, published in the Daily Telegraph at the start of the election campaign in April, claimed that SNP leader and Scotland's first minister, Nicola Sturgeon, would secretly prefer Tory leader David Cameron as prime minister rather than his Labour opponent Ed Miliband. |
The newspaper said the first minister's comments, reportedly made to the French ambassador, undermined claims that she wanted to build a "progressive alliance" with other left-wing parties. | The newspaper said the first minister's comments, reportedly made to the French ambassador, undermined claims that she wanted to build a "progressive alliance" with other left-wing parties. |
Mr Carmichael claimed in a TV interview at the time that the first he had heard of it was when he received a phone call from a reporter. | Mr Carmichael claimed in a TV interview at the time that the first he had heard of it was when he received a phone call from a reporter. |
Analysis | Analysis |
BBC Scotland political editor Brian Taylor | |
So a victory for Alistair Carmichael. But one tinged with critical comment. For example, the judges note his dealings with the Cabinet Office leak inquiry where, they say, his conduct was "at best disingenuous and at worst evasive and self-serving." | |
Mr Carmichael, however, draws attention to the verdict itself - which confirms that his election was valid within the terms of the law. He says he will now devote his efforts to serving his constituents in the Northern Isles. | |
There is a further issue. It is understood that Mr Carmichael will now seek to recover his legal expenses from the petitioners - who raised their cash from crowd funding. It is believed those expenses are in the realm of £150,000. | |
Two scenarios are possible. Either there is an agreement between the parties as to expenses. Or it goes back to court for a ruling. | |
Read more from Brian | |
Why the Carmichael case failed | Why the Carmichael case failed |
What was the case about? | What was the case about? |
However, it later emerged that he had authorised the leaking of the memo by his special adviser. | However, it later emerged that he had authorised the leaking of the memo by his special adviser. |
Both the ambassador and the first minister later denied the accuracy of the civil service memo. | Both the ambassador and the first minister later denied the accuracy of the civil service memo. |
The court heard how a Cabinet Office inquiry into the leak was launched shortly after the newspaper article was printed on 3 April. | The court heard how a Cabinet Office inquiry into the leak was launched shortly after the newspaper article was printed on 3 April. |
Mr Carmichael - who was Scottish secretary in the Tory-Lib Dem coalition before the election and is now his party's only MP in Scotland - told the court he was initially "less than fully truthful" with the inquiry. | Mr Carmichael - who was Scottish secretary in the Tory-Lib Dem coalition before the election and is now his party's only MP in Scotland - told the court he was initially "less than fully truthful" with the inquiry. |
His lawyers argued his actions were political, and did not affect his re-election. | His lawyers argued his actions were political, and did not affect his re-election. |
In the ruling, Lady Paton said Mr Carmichael had told a "blatant lie" in the Channel 4 interview - but that section 106 of the Representation of the People Act did not apply to lies in general. | In the ruling, Lady Paton said Mr Carmichael had told a "blatant lie" in the Channel 4 interview - but that section 106 of the Representation of the People Act did not apply to lies in general. |
"It applies only to lies in relation to the personal character or conduct of a candidate made before or during an election for the purpose of affecting that candidate's return," she said. | "It applies only to lies in relation to the personal character or conduct of a candidate made before or during an election for the purpose of affecting that candidate's return," she said. |
The judges said they had been left with a "reasonable doubt" about whether the lie could be characterised as a false statement of fact "in relation to [his] personal character or conduct". | The judges said they had been left with a "reasonable doubt" about whether the lie could be characterised as a false statement of fact "in relation to [his] personal character or conduct". |
They held that his election was not void. | They held that his election was not void. |
An SNP spokesman said: "As today's determination makes clear beyond reasonable doubt, Alistair Carmichael told a blatant lie to improve his chance of re-election. | |
"While he prevailed in the election court on a strict interpretation of the law, it is much more doubtful that he or his party will survive the court of public opinion." | "While he prevailed in the election court on a strict interpretation of the law, it is much more doubtful that he or his party will survive the court of public opinion." |