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MP facing assault claim 'too ill for trial', but out campaigning for election MP facing assault claim 'too ill for trial', but campaigning for election
(35 minutes later)
An MP facing a high court claim of sexual assault has failed in a bid to suspend proceedings on the grounds that he is mentally unfit to instruct lawyers after it emerged he is campaigning to be a councillor in next month's local elections.An MP facing a high court claim of sexual assault has failed in a bid to suspend proceedings on the grounds that he is mentally unfit to instruct lawyers after it emerged he is campaigning to be a councillor in next month's local elections.
Mike Hancock – the MP for Portsmouth South who was a Liberal Democrat until he had the whip suspended over these allegation in February – wanted to suspend the case in which a vulnerable constituent claims he assaulted her, saying he "lacks capacity" to instruct a legal team.Mike Hancock – the MP for Portsmouth South who was a Liberal Democrat until he had the whip suspended over these allegation in February – wanted to suspend the case in which a vulnerable constituent claims he assaulted her, saying he "lacks capacity" to instruct a legal team.
But his application was thrown out on Thursday after solicitors for the alleged victim pointed out that the MP is campaigning to be elected as an independent councillor in Portsmouth in next month's local elections.But his application was thrown out on Thursday after solicitors for the alleged victim pointed out that the MP is campaigning to be elected as an independent councillor in Portsmouth in next month's local elections.
Harriet Wistrich, solicitor for the claimant, said: "I have been continually shocked by Hancock's attempts to avoid being held to account. The latest development is extraordinary. I have represented many clients suffering mental illness, but only one has ever been so ill as to meet the test for lack of capacity. How can a man standing for re-election in under four weeks time make such an assertion?"Harriet Wistrich, solicitor for the claimant, said: "I have been continually shocked by Hancock's attempts to avoid being held to account. The latest development is extraordinary. I have represented many clients suffering mental illness, but only one has ever been so ill as to meet the test for lack of capacity. How can a man standing for re-election in under four weeks time make such an assertion?"
Hancock, 67, has come under increasing pressure to face allegations that he made repeated physical sexual advances towards the woman – a young mother who had asked for help with noisy neighbours – despite being made aware she suffered a mental health disorder and had been sexually abused as a child.Hancock, 67, has come under increasing pressure to face allegations that he made repeated physical sexual advances towards the woman – a young mother who had asked for help with noisy neighbours – despite being made aware she suffered a mental health disorder and had been sexually abused as a child.
The case has proved especially embarrassing for the deputy prime minister, Nick Clegg, who has been asked repeatedly by the victim to take action against Hancock, who rejects the allegations. The case has proved especially embarrassing for the deputy prime minister, Nick Clegg, who has been asked repeatedly by the alleged victim to take action against Hancock, who rejects the allegations.
The Guardian disclosed in December that an independent report by Nigel Pascoe QC found evidence that Hancock sexually assaulted and harassed a constituent and made unwelcome sexual approaches.The Guardian disclosed in December that an independent report by Nigel Pascoe QC found evidence that Hancock sexually assaulted and harassed a constituent and made unwelcome sexual approaches.
At a hearing on Thursday at the high court, Master Leslie rejected an application by Hancock to obtain a stay in civil proceedings.At a hearing on Thursday at the high court, Master Leslie rejected an application by Hancock to obtain a stay in civil proceedings.
The application was based on psychiatric evidence that Hancock lacked capacity to instruct his legal team and sought an open-ended stay in the proceedings until such time as he was better.The application was based on psychiatric evidence that Hancock lacked capacity to instruct his legal team and sought an open-ended stay in the proceedings until such time as he was better.
Master Leslie also rejected an application for non-disclosure of details of Hancock's medical condition and location.Master Leslie also rejected an application for non-disclosure of details of Hancock's medical condition and location.
Solicitors for the claimant also produced evidence that Hancock was standing for re-election as a Portsmouth city councillor for the Fratton ward – where she lives. She also claimed he has been making statements about his current activities on behalf of his constituents and assuring them that he is on the mend.Solicitors for the claimant also produced evidence that Hancock was standing for re-election as a Portsmouth city councillor for the Fratton ward – where she lives. She also claimed he has been making statements about his current activities on behalf of his constituents and assuring them that he is on the mend.
They also argued that the principle of open justice required that voters in Portsmouth and the public in general had a right to know.They also argued that the principle of open justice required that voters in Portsmouth and the public in general had a right to know.
The case, now fixed for trial during the last two weeks of June, will proceed unless Hancock renews his application with better evidence.The case, now fixed for trial during the last two weeks of June, will proceed unless Hancock renews his application with better evidence.
The alleged victim, who cannot be named for legal reasons, said: "I have been trying for over three years to hold this man to account, through the criminal justice process, the parliamentary standards process, Portsmouth city council and the Liberal Democrat party. The alleged victim, who cannot be named for legal reasons, said: "I have been trying for over three years to hold this man to account, through the criminal justice process, the parliamentary standards process, Portsmouth city council and the Liberal Democrat party."
"Every time we get close to a hearing or process where he has to answer questions he claims either to be sick or that the civil proceedings need to happen first. Now my civil claim is finally coming to trial he has tried yet another ruse. Either he is deceiving the court or he is deceiving the electorate. Its time this man told the truth and faced trial." The alleged victim, who herself suffers from mental health problems, claims that Hancock used his position of power as her local MP and councillor to take advantage of her. She has retained evidence of his alleged inappropriate conduct towards her including a series of "sexy" text messages.
The alleged victim, who herself suffers from mental health problems, claims that Hancock used his position of power as her local MP and councillor to take advantage of her. She has retained compelling evidence of his inappropriate conduct towards her including a series of "sexy" text messages.
The Liberal Democrats eventually agreed to investigate him, after the Lord Rennard scandal.The Liberal Democrats eventually agreed to investigate him, after the Lord Rennard scandal.
Hancock resigned the Liberal Democrat party whip in January this year so that he could "concentrate on fighting these proceedings".Hancock resigned the Liberal Democrat party whip in January this year so that he could "concentrate on fighting these proceedings".
Sources close to Clegg insist that the Lib Dem leader behaved responsibly by ordering an internal inquiry last year into Hancock's behaviour and this year taking away the whip.Sources close to Clegg insist that the Lib Dem leader behaved responsibly by ordering an internal inquiry last year into Hancock's behaviour and this year taking away the whip.
Hancock did not return calls asking for a statement.Hancock did not return calls asking for a statement.