Leeds Labour MP Fabian Hamilton has lost his High Court attempt to block a prosecution against him for alleged offences under companies legislation.
Hamilton is charged with offences under the Companies Act 1985 and the Insolvency Act 1986. The alleged offences relate to a number of companies of which Mr Hamilton has been a director or company secretary. While protesting vehemently that he wanted to clear his name as quickly as possible, Mr Hamilton had spared no effort to prevent the cases coming to trial. He sought a judicial review in the High Court, arguing that the cases were “politically motivated” and should therefore be stopped as an abuse of process.
In law anyone can bring a prosecution unless the particular statute reserves this right to the DPP or another authority. It has also long been accepted that motive is irrelevant in bringing a criminal prosecution. Had Mr Hamilton’s argument been upheld, it would have amounted to giving virtual immunity from prosecution to MPs. The High Court on 9th October 1997 refused Mr Hamilton’s application. He will now face trial in Leeds Magistrates Court for the alleged offences.
Before the General Election, Mr Hamilton’s CLP Executive had asked the national leadership to withhold endorsement of Mr Hamilton as candidate because of his allegedly deplorable business and financial record.
Mr Blair, despite his professed anti-sleaze stance, chose to support Mr Hamilton. This was perhaps not unconnected with allegations that the Party machine had already been used to rig the CLP selection in Hamilton’s favour. Instead, Leeds North East CLP was suspended.