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Election court sits over Phil Woolas result in Oldham Election court sits over Phil Woolas result in Oldham
(about 3 hours later)
A defeated Liberal Democrat candidate is mounting a legal challenge to the re-election of former immigration minister Phil Woolas as an MP.A defeated Liberal Democrat candidate is mounting a legal challenge to the re-election of former immigration minister Phil Woolas as an MP.
Elwyn Watkins is asking two High Court judges to order a re-run of May's Oldham East and Saddleworth poll.Elwyn Watkins is asking two High Court judges to order a re-run of May's Oldham East and Saddleworth poll.
He claims the general election vote was swayed by Labour leaflets containing false claims about foreign donations and support from Muslim extremists.He claims the general election vote was swayed by Labour leaflets containing false claims about foreign donations and support from Muslim extremists.
Mr Woolas, who won with a majority of just 103 votes, denies the allegations.Mr Woolas, who won with a majority of just 103 votes, denies the allegations.
He says he will "robustly defend" himself.He says he will "robustly defend" himself.
The case has been brought under the rarely-used section 106 of the Representation of the People Act (1983).The case has been brought under the rarely-used section 106 of the Representation of the People Act (1983).
Under the act, anyone involved in an election who "makes or publishes any false statement of fact in relation to the candidate's personal character or conduct" is guilty of an illegal practice - unless they can show "reasonable grounds for believing, and did believe, that statement to be true".Under the act, anyone involved in an election who "makes or publishes any false statement of fact in relation to the candidate's personal character or conduct" is guilty of an illegal practice - unless they can show "reasonable grounds for believing, and did believe, that statement to be true".
On Monday, Saddleworth Civic Hall will temporarily become a election court - in the first case of its kind in 99 years - for the hearing. Saddleworth Civic Hall, where Parish Council meetings are often held, is temporarily becoming an election court - in the first case of its kind in 99 years - for the hearing.
Legally, the onus is on Mr Watkins to prove his case if he is to win.Legally, the onus is on Mr Watkins to prove his case if he is to win.
If found guilty, Mr Woolas could be fined and barred from public office. If found guilty, Mr Woolas could be fined and barred from public office, with a fresh election triggered.