Saturday, 17 December 2011

MPs' expenses: Margaret Moran 'not fit to stand trial', court told

 

File picture of former MP Margaret Moran in court over expense charges in September. Photograph: Rex Features

Margaret Moran, the former Labour MP accused of falsely claiming £80,000 in expenses, may not face trial after a court heard legal proceedings were a "threat to her life, not just to her liberty".

A Southwark crown court judge heard that three psychiatric experts all agree the ex-Luton South MP, who faces 21 charges, was unfit to plead.

Mr Justice Saunders will make a decision on whether the 56-year-old should be tried after hearing evidence from doctors. Jim Sturman QC, for Moran, urged a swift decision, saying: "These proceedings are a continual threat to her life, not just to her liberty, and the experts agree that she is unfit to plead."

He said he would ask the attorney general to apply for a "nolle", a rarely used power to allow the case to discontinue on exceptional grounds.

Describing Moran's mental state, Sturman referred to press reports of her previous appearance at Westminster magistrates court, describing her as a "broken woman" who was "sobbing uncontrollably" in the dock.

He had met Moran just once, he said. "She cried uncontrollably throughout the whole conference, so much so that I had to leave so she could be assured I was defending her, not prosecuting."

Louis Mably, prosecuting, said the experts were agreed "as things stand" that Moran, who did not attend Thursday's brief hearing, was unfit to plead.

If the court determines she is fit to plead, a trial of issue is set for 18 April. But Sturman said there was "no realistic prospect" of her condition improving by then.

Moran, who stood down at the last general election, faces 15 charges of false accounting and six of using a false instrument in relation to parliamentary expense claims totalling around £80,000 between November 2004 and August 2008.

It is alleged that she "flipped" her designated second home, claiming for properties in London, Luton and Southampton, and that she dishonestly claimed £22,500 to repair dry rot at the latter. She is also accused of falsely claiming for boiler repairs and work on her conservatory.

She is the last of five MPs and two peers to face criminal proceedings over the expenses scandal and was only charged in September, after the investigation was held up over claims of her ill health.

Saunders said he wanted the fitness to plead proceedings to be as "open as possible" as the case had attracted considerable public interest, and he wanted the full facts to be heard.

"It is obviously a matter which has considerable press interest. It seems to me that the more information the public have about why the decision was made the better," said Saunders.

He has asked to question in person at least one of the doctors who had examined Moran for the purposes of psychiatric reports to the court. She is said to have been assessed by three psychiatrists, for the defence and the prosecution, over a period of two years.

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