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Tory politicians accused of seeking ‘one rule for them’ in case involving disgraced ex-MP

Tuesday 24 November 2020 18:48 GMT
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Former MP Charlie Elphicke leaves court after sexual assault hearing

Labour has accused a group of Conservative politicians of seeking special treatment after they were criticised in a case involving a disgraced former MP.  

The most senior judge in England and Wales condemned them for seeking "to influence a judge" in the case of ex-Tory MP Charlie Elphicke.

He was jailed for two years in September for sexually assaulting two women.

A court is now considering whether or not to release character references given during his trial.  

The office of the Lord Chief Justice responded after a group of Tory MPs and peers wrote to senior judges urging them to block the release of statements.  

The letter was signed by MPs Sir Roger Gale, Adam Holloway, Bob Stewart and former cabinet minister Theresa Villiers, as well as Mr Elphicke's estranged wife Natalie, who succeeded him as MP for Dover MP.  

Sent to senior judges and reportedly copying in the judge who will decide on the references, it warned publication could "deter" others from providing similar statements in future.

The office of the Lord Chief Justice for England and Wales said it was "improper" to seek to influence the decision of the judge.

Extracts published by the Guardian newspaper, said: "It is all the more regrettable when representatives of the legislature, writing as such on House of Commons notepaper, seek to influence a judge in a private letter and do so without regard for the separation of powers or the independence of the judiciary.

"It is equally improper to suggest that senior judges should in some way intervene to influence the decision of another judge.

"The independence of the judges extends to being free from interference by judicial colleagues or superiors in their decision-making.

"Judges must be free to make their decision independently of pressure or influence from all, including legislators."

Labour last night accused the group of believing they deserved to be treated differently from others.  

Shadow attorney general Lord Falconer said: "There is not one rule for Tory MPs and another for everyone else when it comes to the courts.

"What goes on in court proceedings is public – and there is no special treatment for MPs.  

"These Tory politicians should know better than trying to communicate with judges on House of Commons stationary in an attempt to put pressure on judges and should immediately apologise.  

"Judges must be free to make their decisions independently of pressure or influence from anyone."

 

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