Lib Dem to issue legal challenge over Parliamentary election result

12.03.21pm BST (GMT +0100) Fri 28th May 2010

The Liberal Democrat Parliamentary Candidate for Oldham East and Saddleworth at the recent General Election, Elwyn Watkins, is to formally challenge the declared result.

The result, declared in the late morning of Friday 7th May 2010, ended in a wafer-thin majority of 103 for incumbent Labour MP Phil Woolas, following two recounts.

Under rules governing the conduct of election candidates and campaigns, Mr Watkins has submitted his Petition for a hearing of a rarely-convened election court, based on an alleged breach of Section 106 of the Representation of the People Act (1983).

Specifically, part one of Section 106 states:

"A person who, or any director of any body or association corporate which-

(a) before or during an election,

(b) for the purpose of affecting the return of any candidate at the election, 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."

It is the contention of Mr Watkins that Labour campaign literature, published and distributed with the consent of Mr Woolas and his election agent, Joseph Fitzpatrick, constitutes a breach of this provision.

Mr Watkins said, "It is clear that Labour literature circulated within the Oldham East and Saddleworth constituency, specifically 'The Examiner' newspaper, an edition of the 'Labour Rose', and a full-colour 'Election Communication' leaflet, contained numerous misleading and erroneous claims regarding my personal character and reputation, and that of my campaign.

"Although much of the material in these leaflets was misleading or in error, my case will focus on three particular areas: the claim that I do not live in the constituency, the stories about me 'wooing' Muslim extremists and the back page newspaper article regarding the financing of my campaign.

"It is my intention, therefore, to petition for an election court to consider the material and the false claims within, against the record of press statements, personal appearances, miscellaneous correspondence from government agencies and election expense returns, and to seek appropriate redress in accordance with the provisions of the Act."