News / Court to hear evidence on Carmichael next month
A COURTROOM in Edinburgh will hear evidence in the legal challenge against Alistair Carmichael’s election as Northern Isles MP early next month.
On Monday the Election Court confirmed it had set aside four days of time beginning on 9 November to hear evidence from witnesses. Proceedings will be partially televised.
Four petitioners from Orkney are seeking to have Carmichael’s election victory overturned and crowdfunding towards the cost of their legal bid this week passed the £110,000 mark.
They contend that, by lying about his involvement in the leaking of a memo about Scotland’s First Minister Nicola Sturgeon during the election campaign, the MP breached the terms of section 106 of the 1983 Representation of the People Act.
Following a two-day hearing in September, judges Lady Paton and Lord Matthews ruled that the terms of the act could apply to “self-talking”, i.e. false statements made by a candidate about themselves, and said they wanted to hear more evidence on the specifics of this case.
STV broadcast the earlier hearing but, while legal submissions by lawyers will be screened next month, evidence given by witnesses will not be televised. It is anticipated that Carmichael will be among those called to give evidence.
Lady Paton said: “The next stage of the trial comprises first evidence and witnesses and productions and second submissions. We are minded… to permit live broadcasting of the submissions, including all references to what witnesses have said.”
She said the questioning of witnesses would be more “adversarial” than “inquisitorial” – with the possibility of “serious consequences” following the hearing – and the presence of cameras would “create a risk to the proper administration of justice”.
Lady Paton added she was content that the next stage of the trial should take place in Edinburgh rather than Carmichael’s Orkney and Shetland constituency.
Carmichael’s legal team has until 26 October to lodge a list of any witnesses they intend to call.
A crowdfunder towards the MP’s legal costs – started by Aberdeen woman Sheila Ritchie – has so far raised £7,755.
Carmichael won the seat, which he has held since 2001, by a much-reduced majority of 817 votes over the SNP’s Danus Skene.
Two weeks after the result was declared, a Cabinet Office inquiry revealed that Carmichael had personally authorised the leak of a memo claiming Sturgeon had told the French ambassador she would prefer to see David Cameron become Prime Minister. Both Sturgeon and the ambassador denied she had made such remarks.
Carmichael, who told Channel 4 News during the campaign that he had been unaware of the memo until alerted by a journalist, said that had he still been a government minister he would have resigned, and would not be accepting ministerial severance pay.
But the four Orkney-based constituents – Fiona Graham, Timothy Morrison, Phemie Matheson and Carolyn Welling – argue that by making false statements regarding his own conduct, Carmichael damaged the chances of his opponents being elected.
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