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Campaigners hoping to overturn Alistair Carmichael election launch challenge Legal bid to oust Carmichael as MP
(35 minutes later)
Campaigners hoping to overturn the election of Orkney and Shetland MP Alistair Carmichael are launching a legal challenge at the Court of Session in Edinburgh. Campaigners hoping to overturn the election of Orkney and Shetland MP Alistair Carmichael have launched a legal challenge at the Court of Session in Edinburgh.
Mr Carmichael has faced calls to resign over the leak of a memo which wrongly suggested Nicola Sturgeon wanted David Cameron as prime minister.Mr Carmichael has faced calls to resign over the leak of a memo which wrongly suggested Nicola Sturgeon wanted David Cameron as prime minister.
More than £40,000 has been raised online to fund legal representation.More than £40,000 has been raised online to fund legal representation.
The MP won the support of his local party earlier this week.The MP won the support of his local party earlier this week.
Two islanders in Orkney, one of whom is an SNP member, have raised the £40,000 through an online crowd-funding website to pay for legal representation. Two islanders in Orkney, one of whom is an SNP member, raised the £40,000 through an online crowd-funding website to pay for legal representation.
One of the organisers, Fiona MacInnes, told BBC Scotland: "There is a large groundswell of opinion now forming that Alistair Carmichael should step down and allow the people of Orkney and Shetland to make the choice about whether they wish to place their trust in him again or not. 'Groundswell of opinion'
One of the campaigners, Tim Morrison, flew from Kirkwall to Edinburgh on Friday morning to lodge legal papers at the Court of Session, where he arrived shortly after 15:00.
He alleges that voters in Orkney and Shetland were misled because Mr Carmichael lied about his knowledge of the memo about the Scottish first minister.
The other organiser, Fiona MacInnes, told BBC Scotland: "There is a large groundswell of opinion now forming that Alistair Carmichael should step down and allow the people of Orkney and Shetland to make the choice about whether they wish to place their trust in him again or not.
"It is really constituents from Orkney and Shetland asking the courts, or the law of the land, to examine the electoral process in Orkney and Shetland over the election period - and to see whether it was run properly and fairly.""It is really constituents from Orkney and Shetland asking the courts, or the law of the land, to examine the electoral process in Orkney and Shetland over the election period - and to see whether it was run properly and fairly."
Can Alistair Carmichael's election be overturned?Can Alistair Carmichael's election be overturned?
Section 106 of the Representation of the People Act states that a person who "makes or publishes any false statement of fact in relation to the candidate's personal character or conduct shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, that statement to be true".Section 106 of the Representation of the People Act states that a person who "makes or publishes any false statement of fact in relation to the candidate's personal character or conduct shall be guilty of an illegal practice, unless he can show that he had reasonable grounds for believing, and did believe, that statement to be true".
Read more here.Read more here.
Mr Carmichael has admitted an error of judgement, but opponents believe the truth about his involvement in the leaking of the memo could have altered the result in his constituency, where he finished just over 800 votes ahead of the SNP.Mr Carmichael has admitted an error of judgement, but opponents believe the truth about his involvement in the leaking of the memo could have altered the result in his constituency, where he finished just over 800 votes ahead of the SNP.
The Scottish Liberal Democrats have said that Mr Carmichael will not face any party disciplinary action over the matter.The Scottish Liberal Democrats have said that Mr Carmichael will not face any party disciplinary action over the matter.
Approved the leakApproved the leak
The SNP have been calling on Mr Carmichael - the only remaining Lib Dem MP in Scotland - to consider his position.The SNP have been calling on Mr Carmichael - the only remaining Lib Dem MP in Scotland - to consider his position.
An official Cabinet Office inquiry found he approved the leak of an official memo by his special adviser to a newspaper during the campaign.An official Cabinet Office inquiry found he approved the leak of an official memo by his special adviser to a newspaper during the campaign.
The document, written by a civil servant in the Scotland Office, claimed Scotland's first minister told the French Ambassador to the UK that she would prefer Mr Cameron as prime minister rather than Ed Miliband - comments Ms Sturgeon has always insisted she never made.The document, written by a civil servant in the Scotland Office, claimed Scotland's first minister told the French Ambassador to the UK that she would prefer Mr Cameron as prime minister rather than Ed Miliband - comments Ms Sturgeon has always insisted she never made.
Mr Carmichael later said the first he had heard of the memo was when he was contacted by a journalist.Mr Carmichael later said the first he had heard of the memo was when he was contacted by a journalist.
He has since acknowledged that while he had not seen the document before it was published, he was aware of its content and agreed that it should be made public.He has since acknowledged that while he had not seen the document before it was published, he was aware of its content and agreed that it should be made public.
Protests have been held in Kirkwall and Lerwick calling for Mr Carmichael to quit, but he insists he has apologised, forfeited his ministerial pay-off and will continue as an MP.Protests have been held in Kirkwall and Lerwick calling for Mr Carmichael to quit, but he insists he has apologised, forfeited his ministerial pay-off and will continue as an MP.
The parliamentary standards commissioner is considering whether to accept a complaint about Mr Carmichael's conduct, and Police Scotland has also received a complaint. The parliamentary standards commissioner is considering whether to accept a complaint about Mr Carmichael's conduct, and Police Scotland has also received a complaint and is continuing its inquiries.