Ed Miliband is dragged into 'race-hate' minister furore

QUESTIONS have been raised about the judgment of Labour leader Ed Miliband for appointing Phil Woolas as his immigration spokesman even though he was facing allegations of "stirring up race hate".

• MP Phil Woolas faces allegations of 'stirring up race-hate' Photograph: PA

The focus turned on Mr Miliband last night after a court ruled Mr Woolas made false statements about his Lib Dem opponent in the Oldham East and Saddleworth seat during the election.

The court ordered a re-run of the election in the Lancashire constituency. Mr Woolas, who won in May by just 103 votes, faces the prospect of being barred from standing as a candidate for three years.

Yesterday, he was also suspended by Labour. Deputy leader Harriet Harman made it clear the party would not back an appeal by Mr Woolas, 50, who has been an MP since 1997, or a judicial review of the decision which his lawyer announced the former minister would pursue.

Ms Harman said it was "no part of Labour's politics to try to win elections by telling lies".

The Labour MP was stripped of his seat and barred from the Commons for three years under the ruling - the first of its kind in 99 years. The specially convened election court had heard that Mr Woolas stirred up racial tensions in a desperate bid to retain his seat.

His campaign team was said to have set out to "make the white folk angry" by depicting an alleged campaign by Muslims to "take Phil out".

Lib Dem candidate Elwyn Watkins mounted the rare legal challenge over the statements made in a pamphlet and two mock newspapers distributed in the final stages of the election.

Mr Justice Nigel Teare and Mr Justice Griffith Williams said: "In our judgment to say that a person has sought the electoral support of persons who advocate extreme violence, in particular to his personal opponent, clearly attacks his personal character or conduct. It suggests that he is willing to condone threats of violence in pursuit of personal advantage.

"Having considered the evidence which was adduced in court we are sure that these statements were untrue. We are also sure that the respondent had no reasonable grounds for believing them to be true and did not believe them to be true."

And last night Tory chairwoman Baroness Warsi asked why Mr Woolas, a former immigration minister who was once famously hijacked by the actress Joanna Lumley on the future of Gurkhas, was reappointed to the immigration role by Mr Miliband.

Baroness Warsi said: "This ruling exposes Ed Miliband's terrible misjudgment. He was fully aware of Phil Woolas's despicable and inflammatory campaign but still appointed him to a highly sensitive role on his front bench."

After the ruling Mr Watkins said: "Anyone who knowingly lies to the voters or looks to set constituent against constituent has no place in a democracy. I hope this judgment makes it very clear that if you deceive your constituents you should be kicked out of Parliament."

But Mr Woolas insisted he would seek a judicial review of the decision.

In a statement he said: "It is vital to our democracy that those who make statements about the political character and conduct of election candidates are not deterred from speaking freely for fear that they may be found in breach of election laws."