Judge rules on privilege

Conservative Peer Lord Hanningfield and former Labour MPs Elliot Morley, David Chayter and Jim Devine all deny theft by false accounting.
Delivering his judgment at Southwark Crown Court last week, Mr Justice Saunders rejected arguments that only Parliament could hear their case. He said he could see “no logical, practical or moral justification for a claim for expenses being covered by privilege” adding that he could  see “no legal justification for it either”.

Saunders J went on to criticise misconceived comments about the case in the media and from politicians.

“It has been common ground during argument that, if privilege does cover the subject matter of the indictment, it is the privilege of Parliament and not the privilege of any individual member,” he said.

“Therefore, even if the defendants had wished to waive privilege they could not have done so, and comments from prominent politicians to the effect that they could, were misconceived.”

Had the defence not submitted arguments on the basis of privilege, he said, he would have asked for independent counsel to be instructed to ensure the issue was properly argued. Permission was given to appeal.
 

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