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Questions over illegal donation Questions over illegal donation
(40 minutes later)
Wendy Alexander may not be personally accountable for the illegal donation to her Scottish Labour leadership campaign, it has emerged.Wendy Alexander may not be personally accountable for the illegal donation to her Scottish Labour leadership campaign, it has emerged.
BBC Scotland understands the £950 cheque was made out to the W.A. Campaign and not Wendy Alexander. BBC Scotland understands the £950 cheque was made out to the W.A.Campaign and not Wendy Alexander.
Lecturer in Public Law at Edinburgh University Navraj Ghaleigh said this could make campaign treasurer David Whitton liable. Lecturer in Public Law at Edinburgh University, Navraj Ghaleigh, said this could make campaign treasurer David Whitton liable.
Ms Alexander's lawyers are believed to be considering this defence.Ms Alexander's lawyers are believed to be considering this defence.
However, the Labour leader may have already undermined this by publicly accepting she had a legal duty to check donations and promising evidence of her efforts to fulfil this requirement. However, the Labour leader may have already undermined this by publicly accepting that she had a legal duty to check donations and promising evidence of her efforts to fulfil this requirement.
Liability questionsLiability questions
The donation to support Ms Alexander's campaign from businessman Paul Green broke electoral law because the Jersey-based businessman is not a registered UK voter.The donation to support Ms Alexander's campaign from businessman Paul Green broke electoral law because the Jersey-based businessman is not a registered UK voter.
Mr Green said the donation was a personal cheque to Wendy Alexander, who Labour said was the regulated donee, making her liable to check the admissibility of all donations above £200.Mr Green said the donation was a personal cheque to Wendy Alexander, who Labour said was the regulated donee, making her liable to check the admissibility of all donations above £200.
Mr Whitton may have had responsibility for donationsMr Whitton may have had responsibility for donations
But Mr Ghaleigh told BBC Radio's Good Morning Scotland programme: "In legal terms, the person liable for breaching the law is the regulated donee. However, Mr Ghaleigh told BBC Radio's Good Morning Scotland programme: "In legal terms, the person liable for breaching the law is the regulated donee.
"If the cheque was made out, not to Ms Alexander, but to this campaigning group, this members association, then it would appear that that organisation and its treasurer are liable and not Ms Alexander.""If the cheque was made out, not to Ms Alexander, but to this campaigning group, this members association, then it would appear that that organisation and its treasurer are liable and not Ms Alexander."
On Tuesday, Ms Alexander was given the full backing of her MSPs at Holyrood.On Tuesday, Ms Alexander was given the full backing of her MSPs at Holyrood.
She has said mistakes were made, but said she would fight on to clear her name. She has said mistakes were made, but would fight on to clear her name.
Mr Green has accused Scottish Labour of "gross mismanagement" in its handling of the affair.Mr Green has accused Scottish Labour of "gross mismanagement" in its handling of the affair.