A crowdfunding campaign for the bid to unseat democratically elected MP for Orkney and Shetland, Alistair Carmichael has passed the £100,000 mark.
Four residents in Carmichael’s constituency started the initiative to pay for legal action against Scotland’s only Liberal Democrat MP after he admitted leaking then lying about a false memo aimed at damaging First Minister of Scotland and leader of the SNP Nicola Sturgeon.
Fiona MacInnes and Tim Morrison began the crowdfunding campaign ‘The People Versus Carmichael’ to bring the case and within weeks it had exceeded its first target of £60,000.
After the first sitting of an Election Court in Scotland for 50 years, Lady Paton and Lord Matthews said they wanted to hear evidence.
By that time the fundraiser had restarted and has built to a total of £105,423 from 5,914 backers.
The case, known as Frenchgate, moves closer to its conclusion next week when lawyers for both sides will meet at the Court of Session in Edinburgh.
Mr Carmichael admitted agreeing to the leak of the document to the press, which incorrectly suggested Nicola Sturgeon wanted David Cameron to remain in Downing Street after the general election.
The new leader of the Liberal Democrats has given his backing to his solo Scottish MP.
Tim Farron said “most decent people” would believe the northern isles MP deserved a second chance in light of his “fulsome” apology.
A paper outlining his official response to the petition states he “has not committed any illegal practice” under the Representation of the People Act 1983.
It also makes clear he accepts he misstated his awareness of the leaked memo, but describes this as an “an error of judgment on a political matter” which did not amount to a false statement on the personal character or conduct of any candidate.
Court No 1 in Parliament House is the venue for an Election Court “by order” hearing in the case brought under the Representation of the People Act 1983.
Section 106 of the Act makes it an offence to make or publish false statements about any candidate during an election, and Lady Paton and Lord Matthews ruled that it could also apply to “self-talking”, as well as attacking another candidate.
The People Versus Carmichael want to “hold Alistair Carmichael accountable for his behaviour before, during and after the election campaign.”
Monday’s hearing will set out the ground rules for the forthcoming trial, including its location – it could be held in Kirkwall – the witnesses, the time to set aside for it and whether the standard of proof should be the same as in a criminal case or a civil one.
It is thought that in light of the fact it would be a criminal offence to contravene Section 106, the standard of proof would be the more stringent criminal level.
Mr Carmichael will have to give evidence under oath.
Former LibDem leader Nick Clegg could be called as a witness.
Support for the former Scottish Secretary is thin on the ground.
Mr Carmichael’s own campaign to pay his legal fees has raised a rather smaller sum of £7,755 from less than 200 people in a month.
May 7 saw the Liberal Democrat’s majority of more than 10,000 shrink to 817 votes.
The Parliamentary Standards Commissioner Kathryn Hudson is also carrying out an investigation into ‘Frenchgate’ to establish whether or not the MP’s behaviour breached the Commons Code of Conduct.