Three Labour MPs and Tory peer deny expenses charges

THREE Labour politicians accused of expenses fraud, including Livingston MP Jim Devine, said they would plead not guilty when they appeared in court for the first time today.

• From left to right - Jim Devine, Morley, David Chaytor and Lord Hanningfield

Mr Devine was joined by Elliot Morley and David Chaytor, facing charges of theft by false accounting.

Appearing in the dock before City of Westminster Magistrates' Court they told District Judge Timothy Workman they denied any wrongdoing.

Their prosecution, at a court a short distance from Parliament, is the first to result from the Westminster expenses scandal.

All three MPs were released on unconditional bail and ordered to appear at Southwark Crown Court on March 30.

At the start of the 15 minute hearing an application by their barrister Julian Knowles to allow the defendants to sit outside the dock was rejected.

District Judge Workman declined jurisdiction and agreed with an application by the defence for the case to be heard at the Crown Court.

Mr Knowles said the case raised issues of constitutional importance and it was right that it should be tested at the higher court.

The three politicians gathered in a consultation room after the hearing to speak to their legal team.

The three MPs left court without commenting to journalists.

They got into a waiting black cab accompanied by their lawyers and escorted by police officers.

There was a brief crush around the vehicle as protesters hurled abuse, shouting "pigs" and "oink, oink".

Lord Hanningfield appeared before the magistrates immediately after the three MPs.

He said he would deny charges of wrongly claiming for "repayment of travelling and other expenses".

His lawyer, Rupert Bowers, made no application for his client to stand outside the dock.

The Conservative peer, who wore a grey suit, was released on unconditional bail to appear at Southwark Crown Court on March 30.

Hanningfield faces six charges of false accounting, relating to claims for overnight allowances from the House of Lords between 2006 and 2009, when records allegedly show he was in fact driven to his home near Chelmsford.

The sums he claimed were between 150 and 170.

He was suspended from the parliamentary Conservative Party and stood down as leader of Essex County Council.

The MPs' hearing began with the detailed charges against the three men being read out by the clerk of the court.

The defendants, who stood together in the secured dock, confirmed their names and dates of birth before pleading not guilty to each charge.

Prosecutor Simon Clements said the charges were "reasonably descriptive" as he outlined the case against Devine, who was first on the charge sheet.

Mr Knowles said his clients would argue a criminal prosecution would be in breach of a fundamental principle of British law.

He said: "I would like to make it clear on behalf of Mr Morley, Mr Chaytor and Mr Devine that they unequivocally and steadfastly maintain their innocence of the charges against them.

"They also maintain that to prosecute them in the criminal courts for Parliamentary activities would infringe the principle of the separation of powers, which is one of the principles which underpin the UK's constitutional structure.

"The principle of the separation of powers means that whatever matter arises concerning the workings of Parliament should be dealt with by Parliament and not elsewhere and should be dealt with in a manner that is consistent with the way other members have been treated."

Mr Knowles added that his clients were not "saying that they are above the law" and that their argument was against the process they face.