The Court of Appeal judges said that they were ‘unable to envisage how dishonest claims’ by MPs or Lords could ever come under the protection of the ancient defence. They added that ‘ordinary criminal activities’ were never intended to be protected.
Lord Hanningfield, together with MPs David Chaytor, Elliot Morley and Jim Devine, was appealing the ruling by Mr Justice Saunders that the men should be tried in a criminal court.
The three judges, the Lord Chief Justice, Lord Judge, sitting with Lord Neuberger and Sir Anthony May said: ‘The stark reality is that the defendants are alleged to have taken advantage of the allowances scheme designed to enable them to perform their important public duties as members of parliament to commit crimes of dishonesty to which Parliamentary immunity or privilege does not, has never, and, we believe, never would attach.’
They added: ‘In our judgement no question of privilege arises and the ordinary process of the criminal justice system should take its normal course, unaffected by any groundless anxiety that it might constitute an infringement of the principals of Parliamentary privilege.’
It is expected that the accused will now take their case to the Supreme Court, which could delay the proposed date for their trials in November.
The four men deny theft by false accounting.
No comments:
Post a Comment