A judge has raised the prospect that some of the Conservatives’ general election victories could be voided as he granted more time for Kent police to investigate allegations of electoral fraud by the party.
District Judge Barron outlined in court the reasons for extending the time period for Kent police to examine the accusations, after a Channel 4 investigation raised questions about Tory election spending in South Thanet – where the party was fighting Ukip leader Nigel Farage.
In his summary, he said: “In my judgment the combination of circumstances before me is wholly exceptional and goes far beyond the usual circumstances that would exist in a typical case where election offences are being investigated.”
The allegations centre on Tory campaign spending in the constituency of South Thanet during last year’s general election.
The Conservatives, whose MP Craig Mackinlay won the hotly contested seat, took the unprecedented step of trying to oppose the court extension requested by the police.
Farage, who failed in his bid to take the seat, told Channel 4 News that the party had hired “one of the most expensive QCs in the country” to fight the extension requested by Kent police at Folkestone magistrates court on Wednesday.
If the allegations are found to be true then last year’s election result in South Thanet could be voided, the judge said.
But the police force was granted an extra 12 months to investigate the claims that Mackinlay and his agent exceeded the legal spending limit to win the seat. The one-year time limit to launch potential criminal proceedings relating to the 2015 general election was due to expire on 12 June.
Kent police is one of 11 forces around the country to have begun inquiries following claims the Conservatives broke the law on campaign spending. These police forces were also granted extensions by the courts, however, South Thanet was the only constituency where a Conservative MP attempted to oppose the extension.
The Electoral Commission is also investigating allegations the Tories breached spending rules before their election win last year, following an investigation by Channel 4 News into Conservative party spending in marginal seats. The news programme has reported how the party spent almost £20,000 supporting Mackinlay and this money was either declared as national spending, not local spending, or not declared at all.
The circumstances of Barron’s judgment include, he said: “The fundamental relationship between the party’s national return and the multiple local candidate returns with the national return being submitted to the commission on 6 November 2015 and the consequent delay in the start of the investigation.
“While there will almost always be a public interest in investigation of offences under the Act, the weight of the public interest will depend on the nature and extent of the allegations being investigated.
“In this case, the allegations are far-reaching and the consequences of a conviction would be of a local and national significance with the potential for election results being declared void.”
Timothy Straker QC, representing Kent police said at the hearing: “It is exceptional – we have allegations of national funds being used, as it may be put by some, effectively to buy an election.”
A spokeswoman for Kent police said: “On 1 June, at Folkestone magistrates court, Kent police’s application for an extension to investigate any local offences relating to the general election spending under the Representation of the People Act was successful. The extension allows a further 12 months for an investigation.”
David Cameron has previously insisted that the party could answer the allegations.
